The Bucking Horse Breeders Association Registry (the “Registry”), is provided by B.H.B.A.
Bucking Horse Breeders Association, LLC, an Idaho limited liability company (“BHBA”, “us”,
“our”, or “we”). The content of the Registry is made available to purchasers of the Registry
membership (“Members”).
As described in greater detail below, to become a Member you will sign up for the Registry and
will be charged the applicable fee for that period. You can cancel at any time, in which case you
will not be refunded the fee, but you will have Member access through the end of the
membership period.
By signing up to become a Member of the Registry you agree to the terms of conditions of
membership and provided below (the “Terms & Conditions”), so please take a moment to review
them before you sign up.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these
Terms & Conditions at any time. You should check these Terms & Conditions periodically for
changes. You continued use of the Registry after we post any changes to these Terms &
Conditions constitutes your acceptance of such changes, whether or not you have reviewed
them. You agree to be notified of changes to the Terms & Conditions via posting of updates on
our website. If you do not agree to these Terms & Conditions, you should not become a Member,
and, if applicable, you should cancel your membership with us.
These Terms & Conditions shall be incorporated into any agreement between you and us
(“Agreement”).
As a user of the Registry websites, including any external websites utilized in the Registry
(collectively, the “Sites” or the “Registry websites”), you agree that you shall download and/or
use content solely for your personal, non-commercial use. You may not use the content in any
matter inconsistent with these Terms & Conditions or applicable law, and you may not copy,
modify or alter the content without BHBA’s express prior written consent.
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to
access and use the Registry materials and information for your personal, non-commercial use,
provided that you comply fully with the provisions of these Terms & Conditions.
1. MEMBERSHIP, PAYMENT AND BILLING TERMS AND CONDITIONS
A. CHARGES AND FEES FOR REGISTRY: By subscribing to or purchasing the
Registry, you agree as follows:
1. To pay, using a valid credit card (or other form of payment which we may
accept from time to time), the fixed charge(s) and fee(s) set out on our website,
applicable taxes, and other charges, surcharges, costs and fees incurred in order to access
the Registry (“Fees”).
2. If payment cannot be charged to your credit card or if a charge is
refunded for any reason, including chargeback, we reserve the right to immediately and
without notice, either suspend or terminate your access, thereby terminating all of
BHBA’s obligations under this Agreement. You are required to pay any amounts still
owed to us at the time your account is suspended or terminated.
B. CANCELLATION POLICY: You may cancel your subscription by emailing us
at bhba@buckinghorsebreeders.com; or by calling 435-789-2422. If you cancel your
subscription during a membership period, you will not be entitled to a refund for the remainder
of the membership period.
C. RIGHT TO REFUSE MEMBERSHIP: BHBA may choose, in its sole
discretion, to refuse to do business with any person or organization, including but not limited to
choosing to deny and/or revoke membership to any person for any reason.
2. GENERAL TERMS AND CONDITIONS
By using the Sites, you agree to be legally bound and to abide by these Terms & Conditions, just
as if you had signed an agreement containing these Terms & Conditions. We may, at any time,
in our sole discretion and without prior notice or liability, modify or alter any aspect of the
Registry and/or the Sites. In addition, we reserve the right, at any time and in our sole discretion,
and without any notice or liability, to take any action with respect to the Registry and/or the Sites,
including without limitation, the ability to terminate your access, refuse to permit you to post or
remove any postings to the Sites, restrict the time the Sites are available, or restrict the amount of
use permitted and/or access to any part of the Sites. You agree that any termination or
cancellation of your access to, or use of, the Sites may be effected without prior notice, and that
we shall not be liable to you or any third-party for any termination or cancellation of your access
to, or use of, the Sites.
We may supplement these Terms & Conditions with additional terms and conditions pertaining
to specific content, activities or events ("Additional Terms"). Such Additional Terms may be
placed on our website to be viewed in connection with the specific content, activities, features or
events and shall be identified as such, and any Additional Terms will upon first being placed on
our website, or otherwise made public, be incorporated by reference into and form part of these
Terms & Conditions.
A. MINIMUM AGE REQUIREMENTS: You must be 18 years of age or older to
sign up for the Registry and access the Sites.
B. RELEASE AND LICENSE TO USE SUBMISSIONS, IMAGE, AND/OR
NAME: If, at our request or on your own, you send, email, post or otherwise transmit to us or
the Sites information, software, know-how, techniques, photos, video, text, graphics, music,
sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings,
articles, stories about yourself or your animal, or other materials (including, but not limited to,
posting, emailing, or otherwise transmitting Postings on any forum) (collectively, the
"Submissions"), you hereby grant BHBA and its affiliates permission to use, exploit, reproduce,
distribute, publicly perform and display, in any form now known or later developed, such
Submissions, and the photos, images, visual likeness, and/or name of your animal (collectively,
the “Animal Information”), throughout the world, by incorporating such Animal Information into
publications, catalogues, brochures, books, magazines, videos and/or other media (the “Works”)
or commercial, informational, educational, advertising, or promotional materials relating hereto.
You further release, and hereby agree to indemnify, defend, and save harmless BHBA, its agents,
employees, licensees, and assigns (collectively, “Released Entities”) from any and all claims you,
or any third party, may have now or in the future for invasion of privacy, right of publicity,
copyright infringement, defamation, or any other cause of action arising out of the use,
exploitation, reproduction, adaptation, distribution, broadcast, performance or display of the
Animal Information. You waive any right to inspect or to approve any Works that may be
created using the Animal Information and waive any claim with respect to the eventual use to
which the Animal Information may be applied. The Animal Information may be used at BHBA’s
sole discretion, except that BHBA will not use the Animal Information for any criminal or illegal
purposes or in a manner inconsistent with community standards of decency. You understand and
agree that BHBA is and shall be the exclusive owner of all right, title, and interest, including
copyright, in the Works, and any commercial, informational, educational, advertising, or
promotional materials.
C. LIMITED LICENSE: Unless otherwise specified, we grant you a non-exclusive,
non-transferable, limited right to access and use the Registry materials for your personal, noncommercial
use, provided that you comply fully with the provisions of these Terms &
Conditions. The Registry websites are for the personal use by our users only and may not be
used in connection with any commercial endeavors. Illegal and/or unauthorized use of the
Registry websites, including collecting email addresses of users by electronic or other means for
the purpose of sending unsolicited email or unauthorized framing of or linking to the websites
may result in the termination or cancellation of your access to, or use of, the Registry and/or the
Sites.
D. DISCLAIMER OF WARRANTIES: THE REGISTRY, THE SITES, AND
ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR
OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS",
"AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, OR ACCURACY.
BHBA SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS AND
WARRANTIES REGARDING THE ACCURACY OF THE REGISTRY OR THE
INFORMATION SUBMITTED BY MEMBERS OF THE REGISTRY, INCLUDING
WITHOUT LIMITATION, SIRE AND DAM IDENTITY, WHETHER THE ANIMAL IS A
CLONE, WHETHER THE ANIMAL’S OFFSPRING ARE CLONES, AND WHETHER THE
ANIMAL’S PARENTAGE ARE CLONES. YOU ACKNOWLEDGE THAT CLONES HAVE
THE SAME DNA AS THE ORIGINAL ANIMAL AND THAT IT IS IMPOSSIBLE TO TELL
WHETHER AN ANIMAL IS ORIGINAL OR IS A CLONE.
YOU ARE SOLELY RESPONSIBLE FOR ANY INJURY TO YOU OR YOUR PERSONAL
COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN THE SITES OR
FROM DOWNLOADING ANY MATERIALS OR CONTENT FROM THE SITES.
WE MAKE NO WARRANTIES OR ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE REGISTRY.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE,
OF ANY USER OR MEMBER OF THE WEBSITE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU
FROM OUR PERSONNEL OR THROUGH THE SITES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
E. RELEASE: YOU UNDERSTAND AND AGREE THAT NEITHER BHBA
NOR BHBA’S AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, CONSULTANTS, CONTENT PROVIDERS, PARTNERS OR SUPPLIERS (defined
in this section as the "RELEASED PARTIES"), SHALL HAVE ANY LIABILITY TO YOU
UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR
USE OF THE REGISTRY, THE SITES, AND/OR BHBA’S SERVICES. YOU FURTHER
AGREE TO HEREBY AND FOREVER RELEASE AND WAIVE ANY AND ALL CLAIMS
YOU MAY HAVE AGAINST ANY RELEASED PARTIES FOR ANY AND ALL CLAIMS,
CAUSES, DAMAGES OR LOSSES UNDER ANY THEORY OF LIABILITY (INCLUDING
ATTORNEYS' FEES AND ASSOCIATED COSTS AND EXPENSES) ARISING FROM
YOUR USE OF THE REGISTRY AND THE SITES. NOTWITHSTANDING THE
FOREGOING, THE TOTAL COMBINED LIABILITY TO YOU BY ANY AND ALL
RELEASED PARTIES SHALL NOT EXCEED THE FEES PAID BY YOU TO US FOR
MEMBERSHIP AND USE OF THE REGISTRY.
F. LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE AS A
CONDITION OF USING THE SITES AND THE REGISTRY THAT BHBA AND BHBA’S
DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE
NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR
INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR
RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES; (ii)
THE USE OF THE REGISTRY OR ANY MATERIALS PROVIDED BY BHBA FOR THE
REGISTRY; (iii) ANY CONTENT CONTAINED ON THE SITES; (iv) STATEMENTS OR
CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES; (v) ANY
ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION
AVAILABLE ON THE SITES; or (vi) ANY OTHER MATTER RELATING TO THE SITES
OR THE REGISTRY. IN NO EVENT SHALL BHBA’S TOTAL LIABILITY TO YOU FOR
ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STATUTORY,
OR OTHERWISE) EXCEED THE FEES PAID BY YOU TO US DURING YOUR
MEMBERSHIP OR FOR USE OF THE REGISTRY. IF ANY PORTION OF THIS
LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO
THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE
FOREGOING, BHBA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING
OUT OF CONTENT POSTED TO THE SITES BY YOU OR ANY THIRD PARTY.
G. NOTICES: BHBA may deliver notice to you under this Agreement by email or
by first class U.S. Mail to the street address provided by you at the time you become a Member.
You may give notice to us via email, by certified U.S. Mail postage prepaid or by nationally
recognized overnight courier to the following address: B.H.B.A. Bucking Horse Breeders
Association, LLC, PO Box 1394 Vernal, UT 84078.
H. TERMINATION: This Agreement shall remain effective until terminated in
accordance with its own terms and conditions.
I. INDEMNIFICATION: You agree to defend, indemnify and hold harmless
BHBA and its affiliates and respective directors, officers, employees and agents from and against
any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages,
costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a)
any material posted or otherwise provided by you that defames any person or violates their rights
of publicity or privacy, and (b) any misrepresentation made by you in connection with your use
of the Registry.
J. ASSIGNMENT: You may not assign or transfer your rights or the license
granted to you under this Agreement without BHBA’s express, prior written consent. Any
attempt to assign or transfer your rights or license shall immediately terminate this Agreement
and, notwithstanding anything to the contrary herein, you shall forfeit any amounts paid, without
a right to a refund. BHBA may assign its rights and interest in this Agreement or otherwise at
any time and without notice to you or your consent.
K. Member Disputes: You are solely responsible for any interaction with other
Members, and BHBA reserves the right, but shall have no obligation, to monitor disputes
between you and any other Member.
L. OWNERSHIP AND DUPLICATION OF REGISTRY AND PROCESS.
BHBA is the sole owner of the Registry and the Registry process. Any attempt to copy,
duplicate, reverse engineer, disassemble, decompile, or design around the Registry and/or
BHBA’s proprietary registration process is strictly prohibited.
M. MISCELLANEOUS TERMS AND CONDITIONS:
1. Entire Agreement: These Terms & Conditions constitute the entire
agreement and understanding between you and BHBA and governs your use of the
Registry content, superseding any prior agreements between you and BHBA.
2. Applicable Law: These Terms & Conditions and the relationship
between you and BHBA shall be governed by and construed in accordance with the laws
of the State of Texas, without regard to conflict of law provisions.
3. Jurisdiction and Venue: ANY COURT ACTION ARISING FROM,
RELATING TO OR IN CONNECTION WITH THESE TERMS & CONDITIONS
WILL BE BROUGHT EXCLUSIVELY IN THE FEDERAL OR STATE COURTS
LOCATED IN JOHNSON COUNTY, TEXAS, AND YOU IRREVOCABLY
CONSENT TO THE PERSONAL JURISDICTION OF SUCH COURTS AND AGREE
THAT IT IS A CONVENIENT FORUM AND THAT YOU WILL NOT SEEK TO
TRANSFER SUCH ACTION OR PROCEEDING TO ANY OTHER FORUM OR
JURISDICTION, UNDER THE DOCTRINE OF FORUM NON CONVENIENS OR
OTHERWISE.
4. No Waiver: The failure of BHBA to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such right or provision.
Further, no waiver by BHBA of any breach or default hereunder shall be deemed a
waiver of any preceding or subsequent breach or default.
5. Severability: If any provision of this Agreement is found by a court of
competent jurisdiction to be unlawful, void or for any reason unenforceable, then that
provision shall be deemed severed from this agreement and shall not affect the validity
and enforceability of any remaining provisions. Further such provision shall be reformed
to the extent necessary to cause such provision to be lawful and enforceable in keeping
with the intent of such provision.
6. Updates to Terms & Conditions: These Terms & Conditions may be
modified only by our posting of changes to these Terms & Conditions on our website, or
by written agreement between you and BHBA.