Terms of Use & Privacy Policy

Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on June 7, 2016.
This Terms of Use Agreement sets forth the standards of use of the Blue Star Equiculture, Inc. Online Service (“BSE”). By using the Blue Star Equiculture, Inc. equiculture.org website you (the “Member”) agree to these terms and conditions. If Member does not agree to the terms and conditions of this agreement, Member should immediately cease all usage of this website. BSE reserves the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Blue Star Equiculture, Inc./equiculture org website. Member’s continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Blue Star Equiculture, Inc. is a tax-exempt, non-profit organization pursuant to 26 USC 3 501(c)(3) of the United States Internal Revenue Code and a registered Public Charity under the laws of the Commonwealth of Massachusetts. BSE’s request for donations is addressed to those individuals and entities within the jurisdictions of the United States where Blue Star Equiculture, Inc. is lawfully permitted to seek Member assistance. Blue Star Equiculture, Inc. is providing Member with access to this web site. Member must provide (1) all equipment necessary for Member’s own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.
2. Disclaimer of Warranties.
The site is provided by Blue Star Equiculture, Inc. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Blue Star Equiculture, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Blue Star Equiculture, Inc. shall have no liability for any interruptions in the use of this Website. Blue Star Equiculture, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the abovereferenced exclusion is inapplicable in those areas.
3. Limitation of Liability
BLUE STAR EQUICULTURE, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR BLUE STAR EQUICULTURE, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF
USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BLUE STAR EQUICULTURE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE IN THOSE AREAS.
4. Indemnification
Member agrees to indemnify and hold Blue Star Equiculture, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Blue Star Equiculture, Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. Blue Star Equiculture, Inc. shall not be liable to Member or any third party should Blue Star Equiculture, Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Blue Star Equiculture, Inc. does not guarantee continuous, uninterrupted or secure access to BSE website and operation of BSE website may be interfered with or adversely affected by numerous factors or circumstances outside of BSE control.
6. Third-Party Sites
BSE website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. Member acknowledges that Blue Star Equiculture, Inc. is not responsible for the availability of, or the content located on or through, any third-party site. Member should contact the site administrator or webmaster for those third-party sites if Member has any concerns regarding such links or the content located on such sites. Member’s use of those third-party sites is subject to the terms of use and privacy policies of each site, and BSE is not responsible therein. BSE encourage all Members to review said privacy policies of thirdparties’ sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Blue Star Equiculture, Inc. makes every effort to ensure that the information on this website is accurate, BSE can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Blue Star Equiculture, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts –Commonwealth of Massachusetts
BSE website is operated and provided in the Commonwealth of Massachusetts. As such, BSE is subject to the laws of the Commonwealth of Massachusetts, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. BSE makes no representation that BSE website or other services are appropriate, legal or available for use in other locations. Accordingly, if Member chooses to access our site Member agrees to do so subject to the internal laws of the Commonwealth of Massachusetts.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2016 equiculture.org, with all rights reserved, or is the property of Blue Star Equiculture, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Blue Star Equiculture, Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Blue Star Equiculture, Inc.
Blue Star Equiculture, Inc.’ s trademarks may not be used in connection with any product or service that is not provided by Blue Star Equiculture, Inc., in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits Blue Star Equiculture, Inc.
All other trademarks displayed on Blue Star Equiculture, Inc.’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Blue Star Equiculture, Inc.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Blue Star Equiculture, Inc./equiculture.org designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail President Blue Star Equiculture, Inc. P. O. Box 7 Bondsville, MA 01009 By Telephone: 413-289-9787 By Email: info@equiculture.org
11. Botnets
Blue Star Equiculture, Inc. retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Blue Star Equiculture, Inc. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
12. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Member agrees that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Blue Star Equiculture, Inc. in BSE’s sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Privacy Policy
Effective June 7, 2016
This Privacy Policy sets forth the policies of Blue Star Equiculture, Inc. (“BSE”) with respect to nonpublic information you provide to us through this web site (Site). These policies may be changed at any time, in which case the revised Privacy Policy will apply to information collected after the date the Privacy Policy is posted. By accessing the Site, Member agrees that Member has read and understands the terms and conditions of this Privacy Policy. This policy is intended for the sole purpose used in this web site.
Our Commitment to Privacy
Member’s privacy is important to BSE. To better protect Member’s privacy, BSE provides this notice to explain BSE’s online information practices and the choices Member can make about the way Member’s information is collected and used. To make this notice easy to find, BSE makes it available on it’s homepage and at every point where personally identifiable information may be requested. BSE encourages Member to read this entire Privacy Policy. Other privacy practices may apply to information Member provides to BSE through other channels. "Personal Identifiable Information" refers to information that allows BSE to identify Member, such as Member’s name, address, zip/postal codes, telephone number, organization name if applicable, e-mail address, social media addresses, etc.
The Information We Collect
This notice applies to all information collected or submitted on the equiculture.org website. BSE only collects Personally Identifiable Information when voluntarily and knowingly submitted by a Member. Member can have general access to this Site without the need to register or provide any personal information. If Member chooses to make a donation to BSE or purchase an item from the BSE store located on this site, BSE will collect certain required financial information. This information will be collected whether the donation and/or sale is made by the Site, telephone, email or postal mail. The types of Personally Identifiable Information collected by the aforementioned means are: name, address, email address, phone number, Credit/Debit Card information, Personal Check information, etc.
On some pages, Member can submit information about other people. For example, Member may make a donation in honor of an individual(s) or order a gift online and want it sent directly to the recipient. In such cases, Member will need to submit the recipient’s address. In these circumstances, the types of personal information collected are: name, address, phone number, etc.
Online donations are processed by a third-party service provider and Member should read the section below entitled "Links and Third Party Web Sites" and familiarize yourself with the privacy terms of all such non-BSE sites before Member uses them.
The Way We Use Information:
BSE uses the information Member provide about yourself when making a donation and/or placing an order only to complete the donation and/or order process. BSE does not share this information with outside parties except to the extent necessary to complete the transaction.
BSE uses the information Member provides about someone else when placing an order only to ship the product and confirm delivery and/or acknowledge the donation made in their honor. BSE does not share this information with outside parties except to the extent necessary to complete the transaction.
BSE uses return email addresses to answer the email it receives. Such addresses are not used for any other purpose and are not shared with outside parties.
Member can register with the Site if Member would like to receive email updates, additional information about the activities of BSE, and/or be placed on the BSE mailing list. Information Member submits on the Site will not be used for any of these purposes unless Member voluntarily complete the required form.
BSE uses non-identifying and aggregate information to better design the Site and to share with advertisers. For example, BSE may tell an advertiser that X number of individuals visited a certain area of the Site, or that Y number of men and Z number of women filled out the registration form, but BSE would not disclose anything that could be used to identify those individuals.
BSE never uses or shares the Personally Identifiable Information provided online in ways unrelated to the ones described above without also providing Member an opportunity to opt-out or otherwise prohibit such unrelated uses.
Finally, BSE will only release information about Member if Member directs if Member allows BSE to do so, if compelled to do so by law or in connection with any government or self-regulatory organization request or investigation. BSE may also disclose information provided to us to companies that perform services on BSE’s behalf. If such a disclosure is made, BSE will require such third parties to treat all private information with confidentiality.
Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, BSE has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information collected online.
Access by Third Parties
This Policy applies solely to information collected by the Site. The Site contains hyperlinks or "links" to other sites, including access to content, products and services of an affiliated and non-affiliated sites. For example, online donations to BSE are facilitated by a non-affiliated partner, PayPal. When Member follows links to make such a donation, Member will be linked to PayPal’s web site, which is subject to separate privacy and other terms and conditions. In some cases, these other web sites are made available via "framing technology", and may appear to be part of the Site. Prior to accessing such other web sites or non-BSE content via the Site, a dialog box will inform Member that you are about to leave this Site, and will prompt for consent to proceed. BSE urges Member to be familiar with the individual privacy and other terms for each linked or framed site prior to submitting any Personally Identifiable Information.
Our Commitment to Children’s Privacy
Protecting the privacy of the very young is especially important to us. For that reason, BSE never collects or maintains information at the Site from those known to be under 13, and no part of the Site is structured to attract anyone under 13. BSE complies with the Children's Online Privacy Protection Act of 1998 ("COPPA"). COPPA requires that web site operators never knowingly request Personally Identifiable Information from anyone under the age of 13 without requesting verifiable parental consent.
In addition, BSE recommends that no one under the age of 18 submit Personally Identifiable Information to the Site. In the event that BSE determines that a user of the Site is under the age of 13, BSE will not maintain or use their personally identifiable information. BSE will then delete any such Personally Identifiable Information from its records.
How Member Can Access or Correct Your Information
Member can access all Personally Identifiable Information that BSE collects online and maintains by contacting its main office in Palmer, Massachusetts during regular office hours or by postal mail to the address listed on the Site and noted below. BSE uses this procedure to better safeguard information.
Members can correct factual errors in Personally Identifiable Information by sending BSE a request that credibly shows error.
To protect Member’s privacy and security, BSE will also take reasonable steps to verify Member’s identity before granting access to making corrections.
Changes to BSE Policy
BSE will post any material changes to this Policy at least thirty (30) days prior to the changes taking effect. After the changes take effect, all current and new information will be subject to the terms of the revised Policy. Member’s access to or use of the Site following a change to the Policy shall be deemed to be consent to the revised Policy.
How to Contact BSE
Should Member have other questions or concerns about these privacy policies, please call 413-289-9787 or write to: Blue Star Equiculture, P. O. Box 7, Bondsville, MA 01009.