Terms and Privacy

Terms and Conditions

Agreement between User and horseshoesandmore.com
Welcome to horseshoesandmore.com. The horseshoesandmore.com website (the “Site”) is
comprised of various web pages operated by Horseshoes and More. horseshoesandmore.com is
offered to you conditioned on your acceptance without modification of the terms, conditions, and
notices contained herein (the “Terms”). Your use of horseshoesandmore.com constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your
reference.

horseshoesandmore.com is an E-Commerce Site.

We create custom horseshoe artwork, resin artwork and furniture along with custom silver
jewelry. All items offered for sale are crafted by hand.

Electronic Communications
Visiting horseshoesandmore.com or sending emails to Horseshoes and More constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Horseshoes and More is not
responsible for third party access to your account that results from theft or misappropriation of
your account. Horseshoes and More and its associates reserve the right to refuse or cancel
service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen
Horseshoes and More does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use horseshoesandmore.com
only with permission of a parent or guardian.

Cancellation/Refund Policy
You may cancel an order within 24 hours of purchase, you will need to contact us directly in order
to cancel. All custom pieces are non refundable, stock item may be returned for refund less
shipping charges within 30 days, buyer is responsible for all return shipping charges.

Links to Third Party Sites/Third Party Services
horseshoesandmore.com may contain links to other websites (“Linked Sites”). The Linked Sites
are not under the control of Horseshoes and More and Horseshoes and More is not responsible
for the contents of any Linked Site, including without limitation any link contained in a Linked Site,
This is a RocketLawyer.com document.
or any changes or updates to a Linked Site. Horseshoes and More is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement by Horseshoes
and More of the site or any association with its operators.

Certain services made available via horseshoesandmore.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
horseshoesandmore.com domain, you hereby acknowledge and consent that Horseshoes and
More may share such information and data with any third party with whom Horseshoes and More
has a contractual relationship to provide the requested product, service or functionality on behalf of
horseshoesandmore.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
horseshoesandmore.com strictly in accordance with these terms of use. As a condition of your use
of the Site, you warrant to Horseshoes and More that you will not use the Site for any purpose
that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Horseshoes and More
or its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Horseshoes and More content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Horseshoes and More and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of Horseshoes and More or our licensors except as expressly
authorized by these Terms.

International Users
The Service is controlled, operated and administered by Horseshoes and More from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the Horseshoes and More
Content accessed through horseshoesandmore.com in any country or in any manner prohibited by
any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Horseshoes and More, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Horseshoes and More reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with Horseshoes and More in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Horseshoes and More agree otherwise, the arbitrator may
not consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. HORSESHOES AND MORE AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HORSESHOES AND MORE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
HORSESHOES AND MORE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL HORSESHOES AND MORE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF HORSESHOES AND MORE OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction
Horseshoes and More reserves the right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Kansas and you hereby
consent to the exclusive jurisdiction and venue of courts in Kansas in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Horseshoes and More as a result of this agreement or use of the Site. Horseshoes and
More’s performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Horseshoes and More’s right to comply with
governmental, court and law enforcement requests or requirements relating to your use of the Site
or information provided to or gathered by Horseshoes and More with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Horseshoes and More with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
Horseshoes and More with respect to the Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed form. It is the
express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
Horseshoes and More reserves the right, in its sole discretion, to change the Terms under which
horseshoesandmore.com is offered. The most current version of the Terms will supersede all
previous versions. Horseshoes and More encourages you to periodically review the Terms to stay
informed of our updates.

Contact Us
Horseshoes and More welcomes your questions or comments regarding the Terms:

Horseshoes and More

Email Address:
amanda@horseshoesandmore.com


Effective as of January 01, 2021

Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to
www.horseshoesandmore.com and Horseshoes and More and governs data collection and usage.
For the purposes of this Privacy Policy, unless otherwise noted, all references to Horseshoes and
More include www.horseshoesandmore.com. The Horseshoes and More website is a ecommerce
site. By using the Horseshoes and More website, you consent to the data practices described in
this statement.

Collection of your Personal Information
In order to better provide you with products and services offered on our Site, Horseshoes and
More may collect personally identifiable information, such as your:

If you purchase Horseshoes and More’s products and services, we collect billing and credit card
information. This information is used to complete the purchase transaction.

We do not collect any personal information about you unless you voluntarily provide it to us.
However, you may be required to provide certain personal information to us when you elect to use
certain products or services available on the Site. These may include: (a) registering for an account
on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c)
signing up for special offers from selected third parties; (d) sending us an email message; (e)
submitting your credit card or other payment information when ordering and purchasing products
and services on our Site. To wit, we will use your information for, but not limited to,
communicating with you in relation to services and/or products you have requested from us. We
also may gather additional personal or non-personal information in the future.

Use of your Personal Information
Horseshoes and More collects and uses your personal information to operate its website(s) and
deliver the services you have requested.

Horseshoes and More may also use your personally identifiable information to inform you of other
products or services available from Horseshoes and More and its affiliates.

Sharing Information with Third Parties
Horseshoes and More does not sell, rent or lease its customer lists to third parties.

Horseshoes and More may share data with trusted partners to help perform statistical analysis,
send you email or postal mail, provide customer support, or arrange for deliveries. All such third
parties are prohibited from using your personal information except to provide these services to

  • First and Last Name
  • Mailing Address
  • E-mail Address
  • Phone Number
    This is a RocketLawyer.com document.
    Horseshoes and More, and they are required to maintain the confidentiality of your information.

Horseshoes and More may disclose your personal information, without notice, if required to do so
by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the
law or comply with legal process served on Horseshoes and More or the site; (b) protect and
defend the rights or property of Horseshoes and More; and/or (c) act under exigent circumstances
to protect the personal safety of users of Horseshoes and More, or the public.

Tracking User Behavior
Horseshoes and More may keep track of the websites and pages our users visit within Horseshoes
and More, in order to determine what Horseshoes and More services are the most popular. This
data is used to deliver customized content and advertising within Horseshoes and More to
customers whose behavior indicates that they are interested in a particular subject area.

Automatically Collected Information
Information about your computer hardware and software may be automatically collected by
Horseshoes and More. This information can include: your IP address, browser type, domain
names, access times and referring website addresses. This information is used for the operation of
the service, to maintain quality of the service, and to provide general statistics regarding use of the
Horseshoes and More website.

Use of Cookies
The Horseshoes and More website may use “cookies” to help you personalize your online
experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies
cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely
assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The
purpose of a cookie is to tell the Web server that you have returned to a specific page. For
example, if you personalize Horseshoes and More pages, or register with Horseshoes and More
site or services, a cookie helps Horseshoes and More to recall your specific information on
subsequent visits. This simplifies the process of recording your personal information, such as billing
addresses, shipping addresses, and so on. When you return to the same Horseshoes and More
website, the information you previously provided can be retrieved, so you can easily use the
Horseshoes and More features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept
cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you
choose to decline cookies, you may not be able to fully experience the interactive features of the
Horseshoes and More services or websites you visit.

Security of your Personal Information
Horseshoes and More secures your personal information from unauthorized access, use, or
disclosure. Horseshoes and More uses the following methods for this purpose:

When personal information (such as a credit card number) is transmitted to other websites, it is
protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

We strive to take appropriate security measures to protect against unauthorized access to or
alteration of your personal information. Unfortunately, no data transmission over the Internet or any
wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect
your personal information, you acknowledge that: (a) there are security and privacy limitations
inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any
and all information and data exchanged between you and us through this Site cannot be
guaranteed.

Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

Please note that we may not be able to comply with requests to delete your personal information if
it is necessary to:

Children Under Thirteen
Horseshoes and More does not knowingly collect personally identifiable information from children
under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian

  • SSL Protocol
    • Delete your personal information from our records; and
    • Direct any service providers to delete your personal information from their records.
    • Complete the transaction for which the personal information was collected, fulfill the
    terms of a written warranty or product recall conducted in accordance with federal
    law, provide a good or service requested by you, or reasonably anticipated within the
    context of our ongoing business relationship with you, or otherwise perform a contract
    between you and us;
    • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal
    activity; or prosecute those responsible for that activity;
    • Debug to identify and repair errors that impair existing intended functionality;
    • Exercise free speech, ensure the right of another consumer to exercise his or her right
    of free speech, or exercise another right provided for by law;
    • Comply with the California Electronic Communications Privacy Act;
    • Engage in public or peer-reviewed scientific, historical, or statistical research in the
    public interest that adheres to all other applicable ethics and privacy laws, when our
    deletion of the information is likely to render impossible or seriously impair the
    achievement of such research, provided we have obtained your informed consent;
    • Enable solely internal uses that are reasonably aligned with your expectations based on
    your relationship with us;
    • Comply with an existing legal obligation; or
    • Otherwise use your personal information, internally, in a lawful manner that is
    compatible with the context in which you provided the information.
    This is a RocketLawyer.com document.
    for permission to use this website.

E-mail Communications
From time to time, Horseshoes and More may contact you via email for the purpose of providing
announcements, promotional offers, alerts, confirmations, surveys, and/or other general
communication.

Changes to this Statement
Horseshoes and More reserves the right to change this Privacy Policy from time to time. We will
notify you about significant changes in the way we treat personal information by sending a notice to
the primary email address specified in your account, by placing a prominent notice on our site,
and/or by updating any privacy information on this page. Your continued use of the Site and/or
Services available through this Site after such modifications will constitute your: (a)
acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that
Policy.

Contact Information
Horseshoes and More welcomes your questions or comments regarding this Statement of Privacy.
If you believe that Horseshoes and More has not adhered to this Statement, please contact
Horseshoes and More at:

Horseshoes and More


Email Address:
amanda@horseshoesandmore.com


Effective as of January 01, 2021