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TERMS OF SERVICE AGREEMENT


AGREEMENT BETWEEN miladyshayna.com aka “MiLady Shayna’s Stable” AND Visitor ”Site Member”.

1. ACCEPTANCE OF TERMS

1.1 This AGREEMENT (hereinafter known as "TOS") is made and entered into by and between miladyshayna.com aka “MiLady Shayna’s Stable”(hereinafter known as "SITE"), and the VISITOR aka “SITE MEMBER”(hereinafter known as "MEMBER"). By Browsing SITE a MEMBER agrees to the TOS provided below. Authorized individuals have the right to change the information contained in the TOS at their convenience without prior notification to MEMBER. SITE reserves the right to terminate MEMBER and deny access to SITE by any MEMBER who violates the TOS.

2. DISCLAIMER AND PRIVACY POLICY

2.1 By accepting this TOS, MEMBER certifies they have read and agree to both the privacy policy and disclaimer information stated on SITE.

3. SERVICES OFFERED/MEMBER OBLIGATIONS

3.1 SITE offers third-party sales of goods and/or services to MEMBER.

3.2 SITE reserves the right to send MEMBER emails notifying them of operational or other changes that may significantly affect or significantly change the current services offered. Please note that MEMBERS cannot opt out of this service, as it is critical for the operation of SITE.

3.3 Except for public domain material and electronic messages, all materials on this SITE are protected by Federal copyright and are protected under treaty provisions and worldwide copyright laws. Materials contained in any part of SITE may not be reproduced, copied, edited, published, transmitted, or uploaded in any way without the prior written permission of SITE Owner. Except as expressly stated in this TOS, no grant of any express or implied right to MEMBER under any trademarks, copyrights or other proprietary information are given.

3.4 SITE reserves the right to filter all emails that travel through our mail servers on any part of our network to ensure there is not presence of spam, bulk email, viruses, Trojans, worms, or any other harmful content. We also reserve the right to disallow the connection to and/or from any server or other computer that may have been found participating in any such distribution of these forms of content including, but not limited to, open mail relays or open proxy servers.

3.5 As a MEMBER of SITE, MEMBER accepts responsibility for all activities that occur under account or password, and agree not to sell, transfer or assign MEMBER or any rights. SITE reserve the right to terminate MEMBER if individuals from more than one household access SITE using any single user name or password. MEMBER is responsible for maintaining the confidentiality of MEMBER password and for restricting access to MEMBER account so others outside MEMBER household may not access SITE using MEMBER name in whole or in part.

3.6 MEMBER dealings or communications through SITE with any party other than SITE are solely between MEMBER and that third party. For example, certain areas of SITE may allow MEMBER to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will SITE be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure MEMBER is comfortable with them before engaging in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.

4. SECURITY

4.1 It is illegal to attempt to compromise the security on the SITE servers by any means, including, but not limited to:

4.1.(1)Attempting to gain access to restricted information on SITE servers;

4.1.(2) Attempting to disable, cripple or modify SITE servers or any service running on a SITE server; or

4.1.(3) Attempting to access information in other SITE accounts.

4.1.(4) Any illegal activities will be pursued to the fullest extent of the law in the area the activities originated from.

4.2 SITE reserves the right to prosecute any individual attempting to compromise the security of SITE to the fullest extent allowable by federal, state / provincial or local law.

5. WARRANTIES

5.1 MEMBER understands that the Internet and other various networking communication mediums are not secure, unless explicitly specified as such, and may be subject to interception or loss. SITE makes no warranties of any kind, either expressed, implied or statutory, concerning the data or information available through the SITE network. SITE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. SITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION:

5.1.(1) The implied warranties or merchantability, fitness for a particular purpose, title, and non-infringement;


5.1.(2) That the SITE will meet MEMBER’S requirements or will always be available, accessible, uninterrupted, timely, secure, or operate without error.

5.1.(3) The information, content, materials or products included on the SITE web site will be as represented;

5.1.(4) Any implied warranty arising from a course of dealing or usage of trade, and

5.1.(5) Any obligation, liability, right, claim or remedy in tort, whether or not arising form the negligence of SITE.

5.2 To the full extent permissible under applicable law, SITE disclaims any and all such warranties.

6. LIABILITY

6.1 SITE will not be liable for damages of any kind, including without limitation, direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with this TOS, SITE, the inability to use SITE or those resulting from any goods or service purchased or obtained or messages received through SITE. SITE will have no liability to MEMBER for actual damages for any cause whatsoever, regardless of the form of the action.

6.2 SITE, its officers, directors, owners, agents, and employees shall not be liable to MEMBER or to anyone else for any loss or injury resulting from the use of SITE, caused in whole or in part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting, maintaining or delivering SITE services and content found on SITE. In no event will SITE, its officers, directors, owners, agents and employees, be liable to MEMBER or anyone else for any decision made or action taken by MEMBER in reliance on such content. SITE, its officers, directors, owners, agents, and employees, shall not be liable to MEMBER or anyone else for direct, consequential, special, incidental, indirect, or similar damages, even if advised of the possibility of such damages, resulting from the use or the possibility of such damages, resulting from the use or inability to use SITE.

7. REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION

7.1 MEMBER agrees to indemnify and hold SITE, its subsidiaries, affiliates, officers, employees and agents, harmless from any liability, loss, claim, demand, damage or cause of actions, including reasonable attorney's fees that may be incurred by SITE, asserted by any third party due to or arising out of MEMBER conduct or use of this service.

7.2 SITE contains links to other websites which are controlled by third parties. Those linked sites are not under the control of SITE and SITE is not responsible for the contents of any linked website or any link contained within the website. SITE is providing those links to MEMBER only as a convenience, and the inclusion of any link does not imply endorsement by SITE of any linked website. Pursuant to the TOS license understands that the act of clicking on a third party website is the act of leaving SITE.

7.3 SITE is controlled, operated and administered from its offices within the United States. SITE makes no representation that materials available through SITE are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. MEMBER may not use SITE in violation of U.S. export laws and regulations. If MEMBER accesses SITE from a location outside the United States, MEMBER is responsible for compliance with all applicable laws.

8. PRIVACY

8.1 SITE does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to SITE shall be deemed to be readily accessible to the public. MEMBER should not use this site to transmit any communication for which the sender intends only the sender and the recipient(s) to read. Notice is hereby given that all messages entered into SITE can and maybe read by anyone assigned by SITE to perform the services, regardless of whether they are the intended recipients of the message(s).

9. TERMINATION

9.1 SITE reserves the right to terminate this TOS Agreement and MEMBER
account for any breach of the provisions hereof.

10. MISCELLANEOUS

10.1 This TOS supersedes and replaces any written or oral agreements between SITE and MEMBER. Any failures by SITE to enforce any provision of this TOS shall not constitute a waiver of any term hereof.

10.2 If any provision of TOS is held invalid or unenforceable, such provision will be struck and the remaining provisions shall be enforced. The unenforceability of any provision in a given jurisdiction shall not render that provision unenforceable in any other jurisdiction.

10.4 This TOS shall be governed by and construed in accordance with the laws of the United States of America, without giving effect to its conflict of law rules. In the event of a dispute arising out of or relating to this TOS or use of or access to SITE, litigation must be brought in state or federal court. MEMBER agrees to waive any jurisdiction, venue and inconvenient forum objections to any Federal or State laws.

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