Terms of service

User Terms of Service

Updated as of: September 20, 2024

Welcome! This website (the “Site”) is operated by The GiddyUp Group, Inc. (“GiddyUp”, “we”, “our”, or “us”). GiddyUp offers the Site (including all information, tools, and services available from the Site) to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated in these Terms of Service. By visiting the Site and/or purchasing any product offered on the Site, you engage in our service (together with the Site, the “Service”) and agree to be bound by the following terms and conditions (“Terms of Service”). 

THESE TERMS OF SERVICE GOVERN YOUR ACCESS AND USE OF THE SERVICE AND SUPERSEDE ALL PRIOR TERMS OR AGREEMENTS BETWEEN YOU AND GIDDYUP WITH RESPECT TO THE SERVICE.

BY ACCEPTING THESE TERMS OF SERVICE THROUGH USE OR ACCESS OF THE SERVICE, OR OTHERWISE ELECTRONICALLY INDICATING YOUR ACCEPTANCE, YOU AGREE TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, AND OUR PRIVACY POLICY. IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS OF SERVICE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” REFERS TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT ACCEPT THESE TERMS OF SERVICE AND MAY NOT USE OR ACCESS THE SERVICE.

WE MAY REVISE AND UPDATE THESE TERMS OF SERVICE FROM TIME TO TIME IN OUR SOLE DISCRETION. ALL CHANGES ARE EFFECTIVE IMMEDIATELY WHEN WE POST THEM AND APPLY TO ALL SUBSEQUENT ACCESS TO AND USE OF THE SERVICE. 

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND GIDDYUP THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 13 “CLASS ACTION WAIVER; ARBITRATION” BELOW FOR DETAILS REGARDING ARBITRATION.

1. The Service

Products made available through the Service are generally the products of third-party merchants for whom GiddyUp provides a technology platform. Although the Service facilitates your purchase of such products, your purchase of such products from any third-party merchant is a direct transaction between you and such third-party merchant, subject to the terms of sale of such third-party merchant as presented to you during the checkout process. GiddyUp is not a party to purchase transactions between you and any third-party merchant, nor is GiddyUp liable to you for any damages or other liabilities resulting from your purchase of products from a third-party merchant through the Service and your recourse is solely with the applicable third-party merchant.    

Products offered through the Service may have limited quantities and are subject to return or exchange only according to the applicable third-party merchant’s return policy as presented to you during the checkout process. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.

We do not provide any warranties regarding the products offered through the Service (see “Disclaimer of Warranties” below). Warranties associated with such products, if any, will be provided solely by the third-party merchant who sells such products to you. 

This Service may contain links to external merchant and third-party products, services, and websites. We exercise no control over these products, services, and websites, and we are not responsible for their performance, and are not responsible or liable for any content, advertising, or other services or materials available on such websites, including their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other websites that you visit. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through such external merchant or third-party products, services and websites.

We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service or any price change with respect to the products offered through the Service. Prices for the products offered through the Service are subject to change without notice. 

We reserve the right, but are not obligated, to limit the sales of products offered through the Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products offered through the Service. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the offer of any product through the Service at any time. Any offer for any product made through the Service is void where prohibited.

We reserve the right to refuse any order you place through the Service. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

2. Accessing the Service

The Service is solely offered and available to users who are of legal age and capacity in their jurisdiction to form a binding agreement with the third-party merchants whose products are offered through the Service. It is a condition of your use of the Service that all the information, materials and content you provide to us is correct, current, and complete and you agree that all information you provide to us or that we may collect will be correct, current, and complete. You agree that all information you provide to register for the Service or purchase products through the Service is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

GiddyUp is based in the United States. We make no claims that the Service, any of its content or any of the products offered through the Service are accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

3. Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by GiddyUp, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our name and trade name, the GiddyUp logo, and all related names, logos, product and service names, designs, and slogans are trademarks of GiddyUp or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans displayed on the Service are the trademarks of their respective owners (typically the third-party merchants whose products are offered through the Service). You must not use such marks without the prior written permission of such owners.

You must not: (i) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, provided you may print or download a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, commercialization or distribution; (ii) modify copies of any materials from the Service; or (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service. If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not access or use for any commercial purposes any part of the Service or any other services or materials available through the Service except as otherwise permitted in these Terms of Service. If you breach the restrictions in these Terms of Service, your right to use the Service will stop immediately and you must, at our option, return or destroy any information you may have regarding the Service. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by GiddyUp and its licensors and affiliates. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

If you wish to make any use of material on the Service other than that set out in this section, please address your request to: heatwell@rephelpdesk.com.

4. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service: 

  • in any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the United States or other countries; 
  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; 
  • to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service; 
  • to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; 
  • to impersonate or attempt to impersonate GiddyUp, a GiddyUp employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing); 
  • to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company or engaging in any pyramid or other multi-tiered marketing scheme;
  • to access or use the Service to collect any market research for a competing business;
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm GiddyUp or users of the Service, or expose GiddyUp to liability; or
  • in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.

Additionally, you agree you will not:

  • use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service; 
  • use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent; 
  • use any device, software, or routine that interferes with the proper working of the Service; 
  • introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; 
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service; or 
  • attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

5. Indemnification

You agree to indemnify, defend and hold harmless GiddyUp, its affiliates and their respective stockholders, members, partners, officers, directors, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees, court costs and expenses, and investigatory expenses), made or asserted by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party in connection with your use of the Service.

6. Reliance on Information

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF INFORMATION ON THE SERVICE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION BY YOU OR ANY OTHER USER OF THE SERVICE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

We rely on third party data to provide information on the Service, which data may be inaccurate, outdated or flawed. The information presented on or through the Service is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. 

This Service may include content provided by third parties regarding the products offered for sale through the Service. All statements and/or opinions expressed in this third-party content are solely the opinions and the responsibility of the person or entity providing such content. Such content does not necessarily reflect the opinion of GiddyUp. 

We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

This Service may include translations to assist you in reading the website in languages other than English. These translations are provided as a service to users of the Site, and are provided "as is." No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any of these translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software. Any discrepancies or differences created in translating this content from English into another language are not binding and have no legal effect for compliance, enforcement, or any other purpose. If any questions arise related to the accuracy of the information contained in these translations, please refer to the English version of the website.

We do not make any representations or warranties that the products offered through the Service comply with the laws of any geographic region or jurisdiction and any such purchase by you of any products offered through the Service is at your own risk.

We have made every effort to display as accurately as possible the colors and images of the products that are offered through the Service. We cannot guarantee that your computer monitor's display of any color or image will be accurate.

Occasionally there may be information in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.  

7. Accuracy of Billing and Account Information

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Service or any related website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we and/or the applicable third-party merchant can complete your transactions and contact you as needed.

8. Feedback

If you send or transmit any communications or materials to GiddyUp by mail, email, telephone, or otherwise, suggesting or recommending changes to the Service, including without limitation, new features or functionality relating to the Service, or any comments, questions, suggestions, or the like (“Feedback”), GiddyUp is free to use such Feedback without any other action, condition for payment or otherwise, or limitation between the parties governing such Feedback.

9. Changes to the Service and These Terms of Service

THESE TERMS OF SERVICE MAY BE MODIFIED OR AMENDED BY GIDDYUP IN ITS SOLE AND ABSOLUTE DISCRETION AT ANY TIME. If any material modifications or changes are made, and you have registered to use the Service, GiddyUp will use good faith efforts to notify you via email or otherwise provide notice through the Service. Changes will be effective immediately when posted. Your continued use of the Service, or your electronic indication of acceptance, is deemed your consent to and acceptance of these Terms of Service as revised. If you do not agree to any change(s) your sole remedy is to stop using and accessing the Service. You agree to regularly check the Service to view the then-current terms of service.

GiddyUp may make modifications to the Service or specific components of the Service at any time and will use good faith efforts to notify users of any material modifications. GiddyUp reserves the right to discontinue offering the Service in its sole discretion without any liability.

We may update the content on the Service from time to time, but its content is not necessarily complete or up to date. Any material on the Service may be out of date at any given time, and we are under no obligation to update such material.

10. Disclaimer of Warranties

You understand that we cannot and do not provide any warranties with respect to the products you purchase through the Service. 

You understand that we cannot and do not guarantee or warrant that the Service will be free of viruses, bugs or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your specific requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Service for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE.

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY INFORMATION OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY INFORMATION OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GIDDYUP NOR ANY PERSON ASSOCIATED WITH GIDDYUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER GIDDYUP NOR ANYONE ASSOCIATED WITH GIDDYUP REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY INFORMATION OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, GIDDYUP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE AND PRODUCTS PURCHASED THROUGH THE SERVICE, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, COURSE OF DEALING, USAGE OF TRADE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE SERVICE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS OR PRICING ERRORS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TECHNICAL OR TYPOGRAPHICAL ERRORS OR OMMISSIONS OR PRICING ERRORS. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER GIDDYUP OR ITS AFFILIATES, OR THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, STOCKHOLDERS, MEMBERS OR PARTNERS OF GIDDYUP OR ITS AFFITLIATES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR YOUR PURCHASE OF ANY PRODUCT THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GIDDYUP OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GIDDYUP AND ITS AFFILIATES, AND THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, STOCKHOLDERS, MEMBERS OR PARTNERS OF GIDDYUP OR ITS AFFILIATES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID DIRECTLY TO GIDDYUP IN THE LAST THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS FIRST GIVING RISE TO A CLAIM, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO GIDDYUP, AS APPLICABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The limitation of liability set out above does not apply to liability resulting from our gross negligence, fraud, or willful misconduct.

12. Governing Law and Jurisdiction

All matters relating to the Service and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Except as otherwise required by Section 13 below, any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Service will be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware applying Delaware law, in each case located in the City of Wilmington and County of New Castle. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Class Action Waiver; Arbitration

Class Action Waiver

YOU AND GIDDYUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Arbitration Agreement

GiddyUp and you each agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, “Disputes”) will be resolved solely by final and binding, individual arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law located in the Wilmington, DE. Notwithstanding the forgoing, (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section above.

14. Limitation on Time to File Claims

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Waiver and Severability; Interpretation

No waiver by GiddyUp of any term or condition set out in these Terms of Service will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GiddyUp to assert a right or provision under these Terms of Service will not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against GiddyUp.

16. Entire Agreement

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and GiddyUp regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. 

17. Notice and Electronic Communications

You agree that GiddyUp will provide notices and messages to you either within the Service or sent to the contact information that you provided. You are responsible for providing GiddyUp with your most current e-mail address. If you have provided an invalid email, or such address is not capable of receiving GiddyUp’s notices, our dispatch of such email will nonetheless constitute effective notice. You may give notice to The GiddyUp Group, Inc. at 20 N. Oak St., Ventura, CA 93001 USA, Attention: Legal Department.

Any communication between you and GiddyUp under or in connection with the Service may be made by electronic mail or other electronic means. You consent to receive communications from GiddyUp electronically, and agree that all terms, conditions, or otherwise, provided to you electronically satisfy any legal requirement that would be satisfied if they were in writing.

18. Digital Millennium Copyright Act (“DMCA”) Notice

In the event materials are made available through the Service by third parties not within our control, GiddyUp is under no obligation to, and does not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain displayed or available on the Service. If you believe any materials on the Service infringe a copyright, you may request removal of those materials from the Service by providing written notice to our copyright agent designated below that at a minimum contains the following:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

iv. Information reasonably sufficient to permit GiddyUp to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated copyright agent to receive DMCA notices is:

CORPORATE OPERATIONS

The GiddyUp Group, Inc.

20 N. Oak St., Ventura, CA 93001 USA 

heatwell@rephelpdesk.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

19. Force Majeure

In no event will we be liable or responsible to you or be deemed to have defaulted in any of our obligations under these Terms of Service for any failure or delay in fulfilling or performing any term of these Terms of Service, when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control.

20. Your Comments and Concerns

All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: heatwell@rephelpdesk.com.