User Terms of Service
Updated as of: September 20, 2024
Welcome! This website (the “Site”) is operated by The GiddyUp
Group, Inc. (“GiddyUp”, “we”, “our”, or “us”). GiddyUp offers the
Site (including all information, tools, and services available
from the Site) to you, the user, conditioned upon your acceptance
of all terms, conditions, policies, and notices stated in these
Terms of Service. By visiting the Site and/or purchasing any
product offered on the Site, you engage in our service (together
with the Site, the “Service”) and agree to be bound by the
following terms and conditions (“Terms of Service”).
THESE TERMS OF SERVICE GOVERN YOUR ACCESS AND USE OF THE SERVICE
AND SUPERSEDE ALL PRIOR TERMS OR AGREEMENTS BETWEEN YOU AND
GIDDYUP WITH RESPECT TO THE SERVICE.
BY ACCEPTING THESE TERMS OF SERVICE THROUGH USE OR ACCESS OF THE
SERVICE, OR OTHERWISE ELECTRONICALLY INDICATING YOUR ACCEPTANCE,
YOU AGREE TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE,
AND OUR PRIVACY POLICY. IF YOU ARE ENTERING INTO THESE TERMS OF
SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU
REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS
AFFILIATES TO THESE TERMS OF SERVICE, IN WHICH CASE THE TERMS
“YOU” OR “YOUR” REFERS TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH
AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE OR
THE PRIVACY POLICY, YOU MUST NOT ACCEPT THESE TERMS OF SERVICE AND
MAY NOT USE OR ACCESS THE SERVICE.
WE MAY REVISE AND UPDATE THESE TERMS OF SERVICE FROM TIME TO TIME
IN OUR SOLE DISCRETION. ALL CHANGES ARE EFFECTIVE IMMEDIATELY WHEN
WE POST THEM AND APPLY TO ALL SUBSEQUENT ACCESS TO AND USE OF THE
SERVICE.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE
TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY
DISPUTE BETWEEN YOU AND GIDDYUP THROUGH BINDING, INDIVIDUAL
ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY
SECTION 13 “CLASS ACTION WAIVER; ARBITRATION” BELOW FOR DETAILS
REGARDING ARBITRATION.
1. The Service
Products made available through the Service are generally the
products of third-party merchants for whom GiddyUp provides a
technology platform. Although the Service facilitates your
purchase of such products, your purchase of such products from any
third-party merchant is a direct transaction between you and such
third-party merchant, subject to the terms of sale of such
third-party merchant as presented to you during the checkout
process. GiddyUp is not a party to purchase transactions between
you and any third-party merchant, nor is GiddyUp liable to you for
any damages or other liabilities resulting from your purchase of
products from a third-party merchant through the Service and your
recourse is solely with the applicable third-party merchant.
Products offered through the Service may have limited quantities
and are subject to return or exchange only according to the
applicable third-party merchant’s return policy as presented to
you during the checkout process.
We do not warrant that the quality of any products, services,
information, or other material purchased or obtained by you
through the Service will meet your expectations.
We do not provide any warranties regarding the products offered
through the Service (see “Disclaimer of Warranties” below).
Warranties associated with such products, if any, will be provided
solely by the third-party merchant who sells such products to you.
This Service may contain links to external merchant and
third-party products, services, and websites. We exercise no
control over these products, services, and websites, and we are
not responsible for their performance, and are not responsible or
liable for any content, advertising, or other services or
materials available on such websites, including their privacy
policies and terms and conditions. You should carefully review the
terms and conditions and privacy policies of all off-Site pages
and other websites that you visit. You agree that we are not
responsible or liable, directly or indirectly, for any damage or
loss caused to you by your use of or reliance on any goods or
services available through such external merchant or third-party
products, services and websites.
We shall not be liable to you or to any third-party for any
modification, suspension or discontinuance of the Service or any
price change with respect to the products offered through the
Service. Prices for the products offered through the Service are
subject to change without notice.
We reserve the right, but are not obligated, to limit the sales of
products offered through the Service 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 offered through the Service. All descriptions of
products or product pricing are subject to change at any time
without notice, at our sole discretion. We reserve the right to
discontinue the offer of any product through the Service at any
time. Any offer for any product made through the Service is void
where prohibited.
We reserve the right to refuse any order you place through the
Service. We may, at 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. If we make a change to or
cancel an order, we may attempt to notify you by contacting the
e-mail and/or billing address/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.
2. Accessing the Service
The Service is solely offered and available to users who are of
legal age and capacity in their jurisdiction to form a binding
agreement with the third-party merchants whose products are
offered through the Service. It is a condition of your use of the
Service that all the information, materials and content you
provide to us is correct, current, and complete and you agree that
all information you provide to us or that we may collect will be
correct, current, and complete. You agree that all information you
provide to register for the Service or purchase products through
the Service is governed by our Privacy Policy, and you consent to
all actions we take with respect to your information consistent
with our Privacy Policy.
GiddyUp is based in the United States. We make no claims that the
Service, any of its content or any of the products offered through
the Service are accessible or appropriate outside of the United
States. Access to the Service may not be legal by certain persons
or in certain countries. If you access the Service from outside
the United States, you do so on your own initiative and are
responsible for compliance with local laws.
3. Intellectual Property Rights
The Service and its entire contents, features, and functionality
(including but not limited to all information, software, text,
displays, images, video, and audio, and the design, selection, and
arrangement thereof) are owned by GiddyUp, its licensors, or other
providers of such material and are protected by United States and
international copyright, trademark, patent, trade secret, and
other intellectual property or proprietary rights laws.
Our name and trade name, the GiddyUp logo, and all related names,
logos, product and service names, designs, and slogans are
trademarks of GiddyUp or our affiliates or licensors. You must not
use such marks without our prior written permission. All other
names, logos, product and service names, designs, and slogans
displayed on the Service are the trademarks of their respective
owners (typically the third-party merchants whose products are
offered through the Service). You must not use such marks without
the prior written permission of such owners.
You must not: (i) reproduce, distribute, modify, create derivative
works of, publicly display, publicly perform, republish, download,
store, or transmit any of the material on the Service, provided
you may print or download a reasonable number of pages of the
Service for your own personal, non-commercial use and not for
further reproduction, publication, commercialization or
distribution; (ii) modify copies of any materials from the
Service; or (iii) delete or alter any copyright, trademark, or
other proprietary rights notices from copies of materials from the
Service. If we provide social media features with certain content,
you may take such actions as are enabled by such features.
You must not access or use for any commercial purposes any part of
the Service or any other services or materials available through
the Service except as otherwise permitted in these Terms of
Service. If you breach the restrictions in these Terms of Service,
your right to use the Service will stop immediately and you must,
at our option, return or destroy any information you may have
regarding the Service. No right, title, or interest in or to the
Service or any content on the Service is transferred to you, and
all rights not expressly granted are reserved by GiddyUp and its
licensors and affiliates. Any use of the Service not expressly
permitted by these Terms of Service is a breach of these Terms of
Service and may violate copyright, trademark, and other laws.
If you wish to make any use of material on the Service other than
that set out in this section, please address your request to:
support@giddyup.io.
4. Prohibited Uses
You may use the Service only for lawful purposes and in accordance
with these Terms of Service. You agree not to use the Service:
-
in any way that violates any applicable federal, state, local,
or international law or regulation, including, without
limitation, any laws regarding the export of data or software to
and from the United States or other countries;
-
for the purpose of exploiting, harming, or attempting to exploit
or harm minors in any way by exposing them to inappropriate
content, asking for personally identifiable information, or
otherwise;
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to send, knowingly receive, upload, download, use, or re-use any
material that does not comply with these Terms of Service;
-
to transmit, or procure the sending of, any advertising or
promotional material without our prior written consent,
including any “junk mail,” “chain letter,” “spam,” or any other
similar solicitation;
-
to impersonate or attempt to impersonate GiddyUp, a GiddyUp
employee, another user, or any other person or entity
(including, without limitation, by using email addresses or
usernames associated with any of the foregoing);
-
to engage in any commercial activities, including, without
limitation, raising money; advertising or promoting a product,
service, or company or engaging in any pyramid or other
multi-tiered marketing scheme;
-
to access or use the Service to collect any market research for
a competing business;
-
to engage in any other conduct that restricts or inhibits
anyone’s use or enjoyment of the Service, or which, as
determined by us, may harm GiddyUp or users of the Service, or
expose GiddyUp to liability; or
-
in any manner that could disable, overburden, damage, or impair
the Service or interfere with any other party’s use of the
Service, including their ability to engage in real time
activities through the Service.
Additionally, you agree you will not:
-
use any robot, spider, or other automatic device, process, or
means to access the Service for any purpose, including
monitoring or copying any of the material on the Service;
-
use any manual process to monitor or copy any of the material on
the Service, or for any other purpose not expressly authorized
in these Terms of Service, without our prior written consent;
-
use any device, software, or routine that interferes with the
proper working of the Service;
-
introduce any viruses, Trojan horses, worms, logic bombs, or
other material that is malicious or technologically harmful;
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attempt to gain unauthorized access to, interfere with, damage,
or disrupt any parts of the Service, the server on which the
Service is stored, or any server, computer, or database
connected to the Service; or
-
attack the Service via a denial-of-service attack or a
distributed denial-of-service attack.
5. Indemnification
You agree to indemnify, defend and hold harmless GiddyUp, its
affiliates and their respective stockholders, members, partners,
officers, directors, managers, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and
employees, successors, and assigns from and against any claims,
liabilities, damages, judgments, awards, losses, costs, expenses,
or fees (including reasonable attorneys’ fees, court costs and
expenses, and investigatory expenses), made or asserted 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 in connection
with your use of the Service.
6. Reliance on Information
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF
INFORMATION ON THE SERVICE. ANY RELIANCE YOU PLACE ON SUCH
INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL
LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON
SUCH INFORMATION BY YOU OR ANY OTHER USER OF THE SERVICE, OR BY
ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
We rely on third party data to provide information on the Service,
which data may be inaccurate, outdated or flawed. The information
presented on or through the Service is made available solely for
general information purposes. Any reliance you place on such
information is strictly at your own risk.
This Service may include content provided by third parties
regarding the products offered for sale through the Service. All
statements and/or opinions expressed in this third-party content
are solely the opinions and the responsibility of the person or
entity providing such content. Such content does not necessarily
reflect the opinion of GiddyUp.
We are not responsible, or liable to you or any third party, for
the content or accuracy of any materials provided by any third
parties.
This Service may include translations to assist you in reading the
website in languages other than English. These translations are
provided as a service to users of the Site, and are provided \"as
is.\" No warranty of any kind, either expressed or implied, is
made as to the accuracy, reliability, or correctness of any of
these translations made from English into any other language. Some
content (such as images, videos, Flash, etc.) may not be
accurately translated due to the limitations of the translation
software. Any discrepancies or differences created in translating
this content from English into another language are not binding
and have no legal effect for compliance, enforcement, or any other
purpose. If any questions arise related to the accuracy of the
information contained in these translations, please refer to the
English version of the website.
We do not make any representations or warranties that the products
offered through the Service comply with the laws of any geographic
region or jurisdiction and any such purchase by you of any
products offered through the Service is at your own risk.
We have made every effort to display as accurately as possible the
colors and images of the products that are offered through the
Service. We cannot guarantee that your computer monitor's display
of any color or image will be accurate.
Occasionally there may be information 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.
7. Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and
account information for all purchases made through the Service or
any related website. You agree to promptly update your account and
other information, including your email address and credit card
numbers and expiration dates, so that we and/or the applicable
third-party merchant can complete your transactions and contact
you as needed.
8. Feedback
If you send or transmit any communications or materials to GiddyUp
by mail, email, telephone, or otherwise, suggesting or
recommending changes to the Service, including without limitation,
new features or functionality relating to the Service, or any
comments, questions, suggestions, or the like (“Feedback”),
GiddyUp is free to use such Feedback without any other action,
condition for payment or otherwise, or limitation between the
parties governing such Feedback.
9. Changes to the Service and These Terms of Service
THESE TERMS OF SERVICE MAY BE MODIFIED OR AMENDED BY GIDDYUP IN
ITS SOLE AND ABSOLUTE DISCRETION AT ANY TIME. If any material
modifications or changes are made, and you have registered to use
the Service, GiddyUp will use good faith efforts to notify you via
email or otherwise provide notice through the Service. Changes
will be effective immediately when posted. Your continued use of
the Service, or your electronic indication of acceptance, is
deemed your consent to and acceptance of these Terms of Service as
revised. If you do not agree to any change(s) your sole remedy is
to stop using and accessing the Service. You agree to regularly
check the Service to view the then-current terms of service.
GiddyUp may make modifications to the Service or specific
components of the Service at any time and will use good faith
efforts to notify users of any material modifications. GiddyUp
reserves the right to discontinue offering the Service in its sole
discretion without any liability.
We may update the content on the Service from time to time, but
its content is not necessarily complete or up to date. Any
material on the Service may be out of date at any given time, and
we are under no obligation to update such material.
10. Disclaimer of Warranties
You understand that we cannot and do not provide any warranties
with respect to the products you purchase through the Service.
You understand that we cannot and do not guarantee or warrant that
the Service will be free of viruses, bugs or other destructive
code. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your specific requirements for
anti-virus protection and accuracy of data input and output, and
for maintaining a means external to our Service for any
reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY
LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A
DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER
EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL
DUE TO YOUR USE OF THE SERVICE OR ITEMS OBTAINED THROUGH THE
SERVICE.
YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY INFORMATION OBTAINED
THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT,
AND ANY INFORMATION OBTAINED THROUGH THE SERVICE ARE PROVIDED ON
AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. NEITHER GIDDYUP NOR ANY PERSON
ASSOCIATED WITH GIDDYUP MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE
FOREGOING, NEITHER GIDDYUP NOR ANYONE ASSOCIATED WITH GIDDYUP
REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY
INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE,
RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES THE SITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT
THE SERVICE OR ANY INFORMATION OBTAINED THROUGH THE SERVICE WILL
OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, GIDDYUP HEREBY DISCLAIMS
ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE AND
PRODUCTS PURCHASED THROUGH THE SERVICE, WHETHER EXPRESS OR
IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, COURSE OF DEALING,
USAGE OF TRADE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR
PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE SERVICE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS OR OMISSIONS OR PRICING ERRORS. WE ARE NOT RESPONSIBLE FOR
ANY SUCH TECHNICAL OR TYPOGRAPHICAL ERRORS OR OMMISSIONS OR
PRICING ERRORS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER GIDDYUP OR ITS
AFFILIATES, OR THE RESPECTIVE LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, STOCKHOLDERS,
MEMBERS OR PARTNERS OF GIDDYUP OR ITS AFFITLIATES WILL BE LIABLE
FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST
BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE
INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF
SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION
WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE
THE SERVICE OR YOUR PURCHASE OF ANY PRODUCT THROUGH THE SERVICE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
GIDDYUP OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE
COLLECTIVE LIABILITY OF GIDDYUP AND ITS AFFILIATES, AND THE
RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, DIRECTORS, MANAGERS, STOCKHOLDERS, MEMBERS OR PARTNERS
OF GIDDYUP OR ITS AFFILIATES, TO ANY PARTY (REGARDLESS OF THE FORM
OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE
AMOUNT YOU HAVE ACTUALLY PAID DIRECTLY TO GIDDYUP IN THE LAST
THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS FIRST GIVING
RISE TO A CLAIM, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD
ANY PAYMENT OBLIGATIONS TO GIDDYUP, AS APPLICABLE. THE FOREGOING
DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
The limitation of liability set out above does not apply to
liability resulting from our gross negligence, fraud, or willful
misconduct.
12. Governing Law and Jurisdiction
All matters relating to the Service and these Terms of Service,
and any dispute or claim arising therefrom or related thereto (in
each case, including non-contractual disputes or claims), will be
governed by and construed in accordance with the internal laws of
the State of Delaware without giving effect to any choice or
conflict of law provision or rule (whether of the State of
Delaware or any other jurisdiction).
Except as otherwise required by Section 13 below, any legal suit,
action, or proceeding arising out of, or related to, these Terms
of Service or the Service will be instituted exclusively in the
federal courts of the United States or the courts of the State of
Delaware applying Delaware law, in each case located in the City
of Wilmington and County of New Castle. You waive any and all
objections to the exercise of jurisdiction over you by such courts
and to venue in such courts.
13. Class Action Waiver; Arbitration
Class Action Waiver
YOU AND GIDDYUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Arbitration Agreement
GiddyUp and you each agree that any dispute, claim or controversy
arising out of or relating to these Terms of Service or the
breach, termination, enforcement, interpretation or validity
thereof or the use of the Service (collectively, “Disputes”) will
be resolved solely by final and binding, individual arbitration
under the Rules of Arbitration of the American Arbitration
Association applying Delaware law located in the Wilmington, DE.
Notwithstanding the forgoing, (i) we both may seek to resolve a
Dispute in small claims court if it qualifies; and (ii) we each
retain the right to seek injunctive or other equitable relief from
a court to prevent (or enjoin) the infringement or
misappropriation of our intellectual property rights.
The arbitrator, and not any federal, state, or local court, will
have exclusive authority to resolve any dispute relating to the
interpretation, applicability, unconscionability, arbitrability,
enforceability, or formation of this Arbitration Agreement,
including any claim that all or any part of this Arbitration
Agreement is void or voidable. However, the preceding sentence
will not apply to the “Class Action Waiver” section above.
14. Limitation on Time to File Claims
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF
ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE
TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF
ACTION OR CLAIM IS PERMANENTLY BARRED.
15. Waiver and Severability; Interpretation
No waiver by GiddyUp of any term or condition set out in these
Terms of Service will be deemed a further or continuing waiver of
such term or condition or a waiver of any other term or condition,
and any failure of GiddyUp to assert a right or provision under
these Terms of Service will not constitute a waiver of such right
or provision.
If any provision of these Terms of Service is held by a court or
other tribunal of competent jurisdiction to be invalid, illegal,
or unenforceable for any reason, such provision will be eliminated
or limited to the minimum extent such that the remaining
provisions of the Terms of Service will continue in full force and
effect.
Any ambiguities in the interpretation of these Terms of Service
shall not be construed against GiddyUp.
16. Entire Agreement
The Terms of Service and our Privacy Policy constitute the sole
and entire agreement between you and GiddyUp regarding the Service
and supersede all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and
oral, regarding the Service.
17. Notice and Electronic Communications
You agree that GiddyUp will provide notices and messages to you
either within the Service or sent to the contact information that
you provided. You are responsible for providing GiddyUp with your
most current e-mail address. If you have provided an invalid
email, or such address is not capable of receiving GiddyUp’s
notices, our dispatch of such email will nonetheless constitute
effective notice. You may give notice to The GiddyUp Group, Inc.
at 20 N. Oak St., Ventura, CA 93001 USA, Attention: Legal
Department.
Any communication between you and GiddyUp under or in connection
with the Service may be made by electronic mail or other
electronic means. You consent to receive communications from
GiddyUp electronically, and agree that all terms, conditions, or
otherwise, provided to you electronically satisfy any legal
requirement that would be satisfied if they were in writing.
18. Digital Millennium Copyright Act (“DMCA”) Notice
In the event materials are made available through the Service by
third parties not within our control, GiddyUp is under no
obligation to, and does not, scan such content for the inclusion
of illegal or impermissible content. However, we respect the
copyright interests of others. It is our policy not to permit
materials known by us to infringe another party’s copyright to
remain displayed or available on the Service. If you believe any
materials on the Service infringe a copyright, you may request
removal of those materials from the Service by providing written
notice to our copyright agent designated below that at a minimum
contains the following:
i. A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed.
ii. Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list
of such works at that site.
iii. Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is
to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the
material.
iv. Information reasonably sufficient to permit GiddyUp to contact
the complaining party, such as an address, telephone number, and,
if available, an electronic mail address at which the complaining
party may be contacted.
v. A statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party
is authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
Our designated copyright agent to receive DMCA notices is:
CORPORATE OPERATIONS
The GiddyUp Group, Inc.
20 N. Oak St., Ventura, CA 93001 USA
compliance@giddyup.io
It is our policy to terminate relationships regarding content with
third parties who repeatedly infringe the copyrights of others.
19. Force Majeure
In no event will we be liable or responsible to you or be deemed
to have defaulted in any of our obligations under these Terms of
Service for any failure or delay in fulfilling or performing any
term of these Terms of Service, when and to the extent such
failure or delay is caused by any circumstances beyond our
reasonable control.
20. Your Comments and Concerns
All other feedback, comments, requests for technical support, and
other communications relating to the Service should be directed
to:
support@giddyup.io.