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Terms of Use

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Welcome to the J.F. Shea Therapeutic Riding Center (“The Shea Center” “we” or “us”) website. The Shea Center is a tax-exempt charitable organization under Section 501(c)(3) of the Internal Revenue Code. All donations are tax-deductible to the extent allowed by law. Our mission is to improve the lives of people with disabilities through therapeutic horse-related programs.   

These Terms and Conditions of Use (the “Terms of Use“) apply to our website, www.sheacenter.org (the “Site“). The Site is the property of The Shea Center and its licensors.  

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITE. 

Modification of these Terms of Use 

The Shea Center reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. YOUR CONTINUED USE OF THE SITE FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. As long as you comply with these Terms of Use, The Shea Center grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. 

Eligibility to Use the Site; Access 

The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. 

The Shea Center reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. 

Text Messaging Communications 

By submitting your telephone number or otherwise agreeing to receive text messages from or on behalf of The Shea Center, you expressly consent to receive marketing and/or non-marketing text messages from The Shea Center and any and all others texting on our behalf, including, but not limited to, its service partners, including text messages which may utilize or be sent using an automated system, an autodialer, an automated system for the selection and/or dialing of telephone numbers, an automatic telephone dialing system (“ATDS”), and/or any other type of systems, software, hardware, or machines (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or process for sending messages, at the mobile telephone number associated with your opt-in. You may opt‑out of these communications at any time, and your consent to receive marketing text messages is not required and is not a condition to purchase any goods or services. 

If you do not wish to continue receiving text messages, you can directly reply to any message received with “STOP” to opt out at any tIme. You may receive an additional mobile message confirming your decision to opt out. You understand that the text message system we use may not recognize and respond to unsubscribe requests that contain words or phrases other than those set forth above or indicated in the messages, and agree that The Shea Center and its service providers will have no liability for failing to honor such requests. 

If at any time, you intend to stop using the mobile telephone number that you have used to opt-in or enroll to receive calls or text messages from us, including but not limited to, canceling your service plan or selling or transferring the phone number to another party, you agree that you will opt-out from receiving messages as set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms.  

YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD THE SHEA CENTER HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227) ANY REGULATIONS PROMULGATED THEREUNDER OR RELATED THERETO, AND ANY STATE OR FEDERAL EQUIVALENT LAW OR REGULATION THAT CONTAINS PROHIBITIONS ON THE SENDING OF TEXT MESSAGES, AND ANY REGULATIONS PROMULGATED THEREUNDER OR RELATED THERETO, RESULTING FROM THE SHEA CENTER ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED. 

Links to Other Sites and to The Shea Center Site 

This Site may contain links to other independent third-party websites (“Linked Sites“). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under The Shea Center’s control, and The Shea Center is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. 

Intellectual Property Rights in the Site 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Site Content“), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Site Content, contained on the Site is owned, controlled or licensed by or to The Shea Center, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of The Shea Center and protected by U.S. and international copyright laws. All software used on the Site is the property of The Shea Center or its software suppliers and is protected by U.S. and international copyright laws.  

Except as expressly provided in these Terms of Use, no part of the Site and no Site Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without The Shea Center’s express prior written consent. Permission is granted to electronically copy and to print in hard copy portions of the Site Content solely for your personal, non-commercial, and non-competitive, use. Any other use of Site Content without the prior written permission of The Shea Center is strictly prohibited.  

Prohibited Uses of the Site 

Your use of the Site is subject to restrictions intended to protect the rights of The Shea Center and others. You may not use the Site or any Site Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of The Shea Center or others. You also agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. The following actions are prohibited by The Shea Center unless specifically authorized in writing.  

  • Using any deep-linking, data scraping, robot, web crawler or “spider”, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Site Content;  
  • In any way reproducing or circumventing the presentation of the Site or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. 
  • Attempting to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Shea Center server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. 
  • Probing, scanning or testing the vulnerability of the Site or any network connected to the Site, or breaching the security or authentication measures on the Site or any network connected to the Site.  
  • Forging headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to The Shea Center on or through the Site or any service offered on or through the Site. 
  • Engaging in activities that are or are reasonably likely to cause unreasonable or disproportionately large impact to the Site infrastructure or The Shea Center’s systems or networks, or any systems or networks connected to the Site. 

The Shea Center reserves the right to bar and/or prevent any prohibited use of the Site. You agree that The Shea Center may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You agree that The Shea Center will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use. 

Privacy 

The Shea Center’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. 

Description of Services and Offerings 

The services and other offerings described on the Site for informational purposes. All material and information presented by The Shea Center is intended to be used for personal, educational or informational purposes only. The Shea Center’s obligations, if any, with regard to its services and offerings are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. The materials on the Site with respect to services and other offerings may be out of date, and The Shea Center makes no commitment to update the materials on the Site with respect to such services or offerings. 

Disclaimers 

THE SHEA CENTER DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE INFORMATION PROVIDED ON OR THROUGH THE SITE CANNOT REPLACE OR SUBSTITUTE PROFESSIONAL ADVICE, INCLUDING FOR FINANCIAL OR LEGAL MATTERS, YOU SHOULD SEEK PROFESSIONAL ADVISE WHERE APPROPRIATE AND NOT RELY ON CONTENT AND INFORMATION PROVIDED THROUGH THIS SITE.  

THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE SHEA CENTER CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE SHEA CENTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SHEA CENTER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SHEA CENTER SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE SHEA CENTER FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. 

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. 

Limitation of Liability 

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL THE SHEA CENTER BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF THE SHEA CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Indemnity 

You agree to indemnify and hold The Shea Center, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against The Shea Center by any third party due to or arising out of or in connection with your use of the Site. 

Violation of These Terms of Use 

The Shea Center may disclose any information we have about you (including your identity) under certain circumstances necessary to protect The Shea Center’s legal and operational interests, including, but not limited to: (1) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site; or (2) to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) The Shea Center’s rights or property, or the rights or property of visitors to or users of the Site, including The Shea Center’s customers. We may disclose your personal information to law enforcement or other third parties in connection with the protection of our legal interests.  

If The Shea Center does take any legal action against you as a result of your violation of these Terms of Use, The Shea Center will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to The Shea Center.  

Unsolicited Ideas and Feedback 

The Shea Center does not accept or consider unsolicited ideas, including those for new or improved products, services, technologies, contents found on the website, product enhancements, processes, marketing plans, or product names. The purpose of this policy is to avoid any potential misunderstandings or disputes if our offerings or strategies seem similar to ideas that you submitted to us. 

Any comments or materials sent to us will not be treated as confidential (unless otherwise specified by our privacy statement) and will become our exclusive property. For the avoidance of doubt, if you choose to send us your ideas anyway, through this website or otherwise, you agree that: 

  • your ideas automatically become our property, without any compensation to you; 
  • we can commercialize these ideas and use them for any purpose and in any way; and 
  • we can give these ideas to others. 

You also represent and warrant that such ideas are your original ideas and that you have all the rights necessary for you to grant us rights to them, as described above. 

Governing Law; Dispute Resolution 

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, California, and waive any objection to such jurisdiction or venue.  

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between The Shea Center and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. 

Void Where Prohibited 

The Shea Center administers and operates the Site from its location in the United States. The Shea Center reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws. 

Miscellaneous 

You may not use or export or re-export any Site Content or any copy or adaptation of such Site Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. 

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.  

These Terms of Use constitute the entire agreement between you and The Shea Center with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and The Shea Center with respect to such use are hereby superseded and cancelled.  

The Shea Center’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by The Shea Center of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between The Shea Center and you or any other party be deemed to modify any provision of these Terms of Use. 

Contact Us 

J.F. Shea Therapeutic Riding Center 

26284 Oso Road
San Juan Capistrano, CA 92675
info@sheacenter.org 

 

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