Privacy Policy

This Privacy Policy (this “Privacy Policy”) describes the types of personal information we, Coachella Horse Park LLC, d/b/a Desert International Horse Park, CHP Land Company LLC, CHP Show Management Company LLC, d/b/a Apex Equisport, and each of their respective parent, affiliate and subsidiary companies (“DIHP”, “us,” our” or “we”), may collect about you in the context of your use of use of, and access to, our websites located at https://deserthorsepark.com/  and all other websites, mobile sites, services, applications, mobile applications, platforms and other tools where these terms appear or are otherwise referenced (collectively the “Website”) and the features and functionality thereof (the “Service(s)”), the purposes for which we use the information, and the circumstances in which we may share such information.
When you visit the Website, we collect certain personal information about you. As used in this Privacy Policy, “personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you or your household.
By using the Website, you consent to the collection and use of your personal information as described in this Privacy Policy, and as applicable, our Terms of Use, and as permitted or required by law. If you do not agree with the terms set out in this Privacy Policy, please do not use our Website or Services.

COLLECTION OF PERSONAL INFORMATION
The categories below describe the personal information we have collected in the past twelve months or may collect about you and the sources from which we collect those categories of personal information.

USE OF PERSONAL INFORMATION

We may use your information for the following purposes:
Sending you communications and administrative emails;
Personalizing and tailoring the features, performance and support of the Website;
Identifying you as a user on the Website;
For the performance of a contract between you and us;
Verifying your identity for security purposes as a participant, visitor, service provider or spectator at live events;
Fulfilling orders or event access requests you may place on the Website;
Sending you promotional/marketing information, advertising, newsletters, offers or other information from us;
Sending your promotional/marketing information, advertising, offers or other information from us related to our affiliate partners;
Providing support related to your account or orders or event access requests you may place on the Website;
Providing you with opportunities and functionality that we think would be of particular interest;
Analyzing, benchmarking and conducting research on user data and interactions with the Website;
Processing services, maintaining user accounts, resolving disputes, preventing fraud and verifying your identity;
Monitoring, maintaining, administering and improving Website performance;
Protecting your, our, or third parties’ networks, systems, property, or physical safety;
Complying with requests from regulatory agencies, law enforcement, and other public and government authorities, as well as with relevant industry standards and policies;
Enforcing our contracts, terms, and conditions or otherwise exercising our legal rights; defending ourselves from claims; and complying with laws and regulations that apply to us or third parties with whom we work;
Aggregating the information collected via cookies and similar technologies to use in statistical analysis to help us track trends, analyze patterns, and conduct research and product development;
Responding to your inquiries related to employment opportunities or other requests;
Contacting you by email or telephone, from time to time, as part of a secondary fraud protection or to solicit your feedback;
Participating in any merger, acquisition, or other corporate transaction;
Meeting our or third parties’ audit and compliance requirements; and
For any other purposes that we may specifically disclose at the time you provide or we collect your information.

 

SHARING OF PERSONAL INFORMATION WITH OTHER ENTITIES

We may share personal information about you with other entities, including entities that provide services to us. We do not disclose your personal information collected through the Website to other entities, except as described in this Privacy Policy.
Applicable law requires that we identify the categories of personal information we share for business purposes. We disclose the following categories of personal information for business purposes: personal identifiers, device and online identifiers, information about your internet, browser, and network activity, protected classifications, biometric information, commercial information, professional or employment information, education information, inferences drawn from other personal information, payment data, and location data.
We may share your personal information with the following types of entities or in the following situations:
Service providers: We engage service providers to facilitate our operation of the Website and provide the Services. These service providers analyze information about the Website and your use of the Website. Information disclosed for these purposes may include device and online identifiers, ISP information, session ID and /or session log data, information about your internet, browser, and network activity, and location data.
Legal authorities, emergency responders and other legal requirements: We may disclose personal information to third parties as permitted by, or to comply with, applicable laws, regulations, or legal obligations, including but not limited to responding to a subpoena or similar legal process, protecting against fraud, cooperating with law enforcement or regulatory authorities, protecting and defending the rights or property of DIHP, preventing or investigating possible wrongdoing in connection with the Website/Services, protecting the personal safety of users of the service or the public, and protecting against legal liability. Information disclosed for these purposes may include device and online identifiers, information about your internet, browser, and network activity, and location data.
For Business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another company.
Affiliates: We may share your personal information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
With Business partners: We may share your personal information with third party companies that are our business partners to offer you certain products, services or promotions.
With other users: when you share personal information or otherwise interact in the public areas of the Website with other users, such information may be viewed by all users and may be publicly distributed outside. If you interact with other users or register through, a third party social media service such as Facebook, Instagram, Twitter, or Google (“Third-Party Social Media Service”), your contacts on the Third-Party Social Media Service may see your name, profile, pictures and description of your activity.
Similarly, other users will be able to view descriptions of your activity, communicate with you and view your profile.
User Testimonials and Feedback: We often receive testimonials and comments from users who have had positive experiences at our events or with our products and Services. We occasionally publish such content. We may post feedback submitted to us on the Website from time to time. If you make any comments on a blog or forum associated with the Website, you should be aware that any personal information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
Cookies and Other Tracking Technologies
We, our affiliates and/or other persons acting on our or their behalf use cookies and similar technology, such as web beacons (also known as clear GIFs or pixel tags), or similar technologies as they may develop over time to collect, use, and share information when you visit our online services or interact with us online, via email or through other electronic means Cookies are small pieces of data sent from a website and stored on a device. Cookies may enable us to capture and compile statistical information about how you use our online services, including information relating to your device’s IP address, the frequency of your visits, readership data (such as the average length of visits, which pages are viewed or shared during a visit or other interactions with our content, such as time spent viewing videos, PDFs read and links clicked), authentication information, acceptance or rejection of website terms, and periods of inactivity. To learn more about cookies, including information on what cookies have been set on your device and how cookies can be managed and deleted, visit https://www.allaboutcookies.org/
Our online services also use web beacons. Web beacons are invisible tags and may be placed on a webpage, in advertisements, or in an email or other message. They usually work in conjunction with cookies, registering when a particular device visits a particular page. For example, web beacons may count the number of individuals who visit our Website from a particular advertisement or who enroll in a service after viewing a particular advertisement.
“Clickstream” data (e.g., information regarding which of our Website pages you access, the frequency of such access, and your product and service preferences) may be collected by DIHP itself, or by our service providers, using cookies, web beacons, page tags, or similar tools that are set when you visit the Website or when you view an advertisement we may have placed on another website. Clickstream data and similar information may be shared internally within DIHP and used for administrative purposes to assess the usage, value and performance of our online products and services; to improve your experience with the Website; and as otherwise permitted by applicable law or regulation. This information may be processed by us for the purposes described above, or on our behalf by other entities, solely in accordance with our instructions.
How We Use These Technologies
We, our services providers, and third party business partners may use information collected from cookies, web beacons, and similar technologies for the following purposes:
to allow our online services to operate as you have requested; to understand how our online services are accessed and used; to recognize you when you return to our Website;
to assess the effectiveness of advertising and readership content;
to deliver marketing communications that may be of interest to you, including ads or offers tailored to you; and
for other purposes described above under “USE OF PERSONAL INFORMATION.”
We may combine the information that we collect through cookies, web beacons and similar technologies with other personal information we have collected from you from both online and offline sources.
We may work with service providers to promote our products and services both on the Website and other websites. For example, if you visit a page on the Website or third-party websites that provides information about one of our products or services, a cookie may be placed on your browser or device that identifies the product or service you viewed. This information allows us, our service providers, and our third-party business partners to deliver more relevant and tailored content, such as ads for that particular product or service.
Other than service providers, we do not allow unaffiliated third parties to collect personal information about your activities on the Website.
Managing Your Preferences
Web Browser Preferences
Many web browsers allow you to manage your preferences. You can set your browser to refuse cookies or delete certain cookies. Unless you have adjusted your browser setting so that it will reject cookies, our system may issue cookies when you access or use our online services. In the event you refuse to accept cookies by adjusting your browser setting, some or all areas of our online services may not function properly or may not be accessible.
You can also opt out of online targeted advertising by companies participating in the Digital Advertising Alliance by visiting https://www.aboutads.info/choices.
Mobile Device Preferences
Your mobile device may give you the ability to opt out of the use of information about the mobile browsers or apps you use in order to serve you ads that are targeted to your interests. You can stop the collection of location information from your mobile device by changing the preferences on your mobile device.
Do Not Track Policy
Most browsers can be set to send signals to third party websites requesting them not to track the user’s activities. At this time, we do not respond to “do not track” signals. Consequently, our third party service providers may indeed track and collect information about your online activities over time while navigating to, from and on our online services, notwithstanding any “do not track” signals we may receive.
Our Security and Data Storage Procedures
Our goal is to protect your personal information submitted to us through our online services. We maintain reasonable physical, electronic, and procedural safeguards that comply with applicable law to guard nonpublic personal information about you against loss, misuse or unauthorized access, disclosure, alteration or destruction of the information you have provided to us through our online services. We have internal policies governing the proper handling of consumer information by personnel and requiring third parties that provide support or marketing services on our behalf to adhere to appropriate security standards with respect to such information. The security of your personal information is important to us, but please note that no method of transmission over the Internet, or method of electronic storage is
perfectly secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
The Website and our Services are United States-based, and are controlled, operated and administered from our offices within the United States. However, DIHP’s service providers are located throughout the world. Depending on how you interact with us, your personal information may be handled and stored in, accessed from, or transferred to different countries. Whenever we transfer personal information to different countries, we take steps to ensure that the personal information we transfer receives adequate protection in the jurisdictions that we handle or store it.
If you have additional questions about how we protect your information, please contact us at privacy@deserthorsepark.com.
Links to Other Websites
This Privacy Policy only applies to the use and disclosure of information we collect through our online services. Our online services may contain links to other websites belonging to third parties that are not affiliated with us. The inclusion of any link on our Website or otherwise in our online services does not imply our endorsement of the linked website or service. While we try to link only to websites that meet our standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other websites, or links posted on our online services. Information you disclose to other parties or through such sites is subject to the privacy and security practices and policies of those parties or websites. We disclaim all liability, to the extent permissible, with regard to your access to such linked websites. Access to any other websites is at your own discretion and we encourage you to read the privacy statements of each and every website or online services visited in order to learn how such third parties may treat your information.
Information Collected from Third Party Companies
We may receive personal information and/or anonymous data about you from companies that provide our Services or products by way of a co-branded or private-labeled website or companies that offer their products and/or services on the Website. We may add this information to the personal information we have already collected from you via the Website or Services in order to improve the Services we provide, the features we offer you, or the functionality of the Website.
Email Communications
We will periodically send you free newsletters and e-mails that directly promote our events and products, our business partners’ products, the use of our Website or the Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Withdrawing your consent for one mailing list will not affect your receipt of messages from other mailing lists or of information concerning your purchases. Despite your indicated e-mail preferences, we may send you service related or administrative communications, including notices of any updates to our Terms of Use or Privacy Policy.
Detailed Information on the Processing of Your Personal Information
Our third-party service providers have access to your personal information only to perform their tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Website
We use GoDaddy to host our Website. You can read more about how GoDaddy uses your Personal Information here: https://www.godaddy.com/legal/agreements/privacy-policy
We use Google Analytics to help us understand how our customers use our Website. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
We use cPanel to help us manage and administer our Website. You can read more about how cPanel uses your Personal Information here: https://cpanel.net/privacy-policy/
We use Fobi.ai as a third-party service provider to enhance our website’s functionality by enabling us to design, deploy, and manage online forms for various business purposes including data collection and submission processing. You can read more about how Fobi.ai uses your Personal Information here: https://www.fobi.ai/privacy-policy
We use WordPress.org to host and serve content and video on our Website. You can read more about how WordPress.org uses your Personal Information here: https://wordpress.org/about/privacy/

Events
We use Show Grounds Live, LLC for technology to help us run our shows and events. You can read more about how Show Grounds Live uses your Personal Information here: https://showgroundslive.com/privacy-policy/
Email Marketing
We may use third party email marketing service providers to manage and send emails to you. We may use your personal information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us. Third party services that we have used or may use in the future include:
iContact. For more information about these services and their privacy policies, please visit their websites. (https://www.icontact.com/legal/privacy/)

Payments
We may provide paid products and/or services within the Website. In that case, we may use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their own privacy policies. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. Third party services that we used or may use include Stripe and Square. For more information about these services and their privacy policies, please visit their websites:
Stripe: https://stripe.com/privacy
Square: https://squareup.com/us/en/legal/general/privacy-no-account

Behavioral Advertising
As described above, we may use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (NAI) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Please note that any opt out is specific to the browser you use. You may need to opt out on every browser on every device that you use.
PROTECTING CHILDREN’S PRIVACY ONLINE
Protecting the privacy of minors is important to DIHP. We comply with the Children’s Online Privacy Protection Act in the United States, and similar laws around the world, where applicable. The Website, and the Services are not directed to or intended for individuals under 18 years of age. We do not knowingly collect or solicit personal information from or about individuals under the age of 18, or the relevant minimum age under applicable local legal requirements, except as permitted under applicable law. If you become aware that we have collected personal information from a minor, please contact us at privacy@deserthorsepark.com so that we can promptly investigate and address the issue.
CALIFORNIA RESIDENTS
California residents should be aware that this section does not apply to personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) and its implementing regulations, the California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994; or other information subject to a California Consumer Privacy Act (CCPA) exception.
Your Rights under the CCPA
Under this Privacy Policy, and by law if you are a resident of California, you may have the following rights:
The right to notice. You must be properly notified about which categories of personal information that are being collected; the purposes for which the personal information is being used and the categories of personal information that we disclosed about you for a business purpose; Additionally, you have the right to know the categories of personal information about you that we sold or shared and the categories of third parties to whom it was sold or shared.
The right to access / the right to request. The CCPA permits you to request and obtain from us information regarding the disclosure of your personal information that has been collected in the past 12 months by us or its subsidiaries to a third-party for the third party’s direct marketing purposes.
The right to say no to the sale or sharing of personal information. You also have the right to ask us not to sell or share your personal information to or with third parties for cross-context behavioral advertising or other purposes.
The right to know about your personal information. You have the right to request and obtain from the Company information regarding the disclosure of the following:
The categories of personal information collected
The sources from which the personal information was collected
The business or commercial purpose for collecting or selling the personal information
Categories of third parties with whom we share personal information
The specific pieces of personal information we collected about you
The right to correct personal information. You also have the right to request correction of any inaccurate or incomplete personal information that we maintain about you. If you believe any personal information we have is incorrect, please contact us with the details, and we will make the correction where required.

The right to delete personal information. You also have the right to request the deletion of your personal information that has been collected in the past 12 months.

The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your consumer rights, including by:
Denying goods or services to you
Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
Providing a different level or quality of goods or services to you
Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising Your CCPA Data Protection Rights
In order to exercise any of your rights under the CCPA, and if you are a California resident, you can email us at privacy@deserthorsepark.com.
California law requires us to verify the requests we receive from you when you exercise certain of the rights listed above. To verify your request, we will check the information you provide us in your request against third party identity verification tools. As part of this process, we may call you after you submit your request to verify information. You may also designate an authorized agent to exercise certain of the rights listed above on your behalf by providing the authorized agent with power of attorney pursuant to the California Probate Code. If an authorized agent submits a request on your behalf, we will contact you to verify that they represent you.
DIHP will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
Do Not Sell or Share My Personal Information
We do not sell, and have not within the last twelve months sold, your personal information. However, the
third party service providers we partner with (for example, our advertising partners) may use technology on the Website that may be considered or constitute a “sale” of personal information as defined by the CCPA law. If you are a California resident and wish to opt out of the sale or sharing of your personal information as defined under CCPA law, you may do so by emailing us at privacy@deserthorsepark.com.
Website
You can opt out of receiving ads that are personalized as served by our service providers by emailing us at privacy@deserthorsepark.com.

Mobile Devices
Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:
“Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
“Limit Ad Tracking” on iOS devices
You can also stop the collection of location information from your mobile device by changing the preferences on your mobile device.
“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Website does not respond to Do Not Track signals. However, some third-party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track signals by visiting the preferences or settings page of Your web browser.
Your California Privacy Rights (California’s Shine the Light law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their personal information with third parties for the third parties’ direct marketing purposes. If you’d like to request more information under the California Shine the Light law, and if you are a California resident, you can contact us by email at privacy@deserthorsepark.com.
COLORADO RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Colorado, according to the “Colorado Privacy Act” (also known as “CPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. The CPA gives Colorado consumers the right to (i) opt-out from the sale of their personal data, or use of personal data for targeted advertising and certain types of profiling; (ii) (ii) know whether a controller is collecting personal data; (iii) to access, correct or delete personal data that a controller has collected about them; and (iv) to download and remove personal data from a platform in a format that allows the transfer to another platform. If you are a Colorado consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
CONNECTICUT RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Connecticut, according to “An Act Concerning Personal Data Privacy and Online Monitoring “ (also known as “The Connecticut Data Privacy Act” or the “CTDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. This part of the document uses the term “personal data” as defined in the CTDPA. Connecticut law gives Connecticut consumers the right to: (i) access, correct, delete, or obtain a copy of their personal information in a portable format, and (ii) opt out of the processing of your personal data for the purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. If you are a Connecticut consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
DELAWARE RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Delaware, according to the “Delaware Personal Data Privacy Act “ (also known as the “Delaware Privacy Law” or the “DPDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. This part of the document uses the term “personal data” as defined in the DPDPA. Delaware law gives Delaware consumers the right to: (i) confirm whether a controller is processing the consumer’s personal data and access such personal data; (ii) correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data; (iii) delete personal data provided by, or obtained about, the consumer; (iv) obtain a copy of the consumer’s personal data processed by the controller, in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means; (v) obtain a list of the specific third parties to which the controller has disclosed the consumer’s personal data; and (vi) opt out of the processing of personal data for the purposes of targeted advertising, the sale of personal data, or profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning the consumer. If you are a Delaware consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
FLORIDA RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Florida, according to the “Florida Digital Bill of Rights ” (also known as the “Florida Privacy Law” or the “FDBR”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. This part of the document uses the term “personal data” as defined in the FDBR The FDBR gives Florida consumers the right to: (i) confirm whether the controller is processing their personal data and provide them access to their personal data; (ii) correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data, and the purposes of the processing of the consumer’s personal data; (iii) delete personal data provided by, or obtained about, the consumer; (iv) obtain a copy of the consumer’s personal data in a portable and, to the extent technically feasible, readily usable format if the data is available in a digital format; (v) opt out of the processing of their personal data for targeted advertising, the sale of their personal data, or profiling in furtherance of a decision that produces a legal or similarly significant effect concerning a consumer; and (vi) opt out of the collection or processing of sensitive data, including precise geolocation data. If you
are a Florida consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
INDIANA RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Indiana, according to the “Indiana Consumer Data Protection Act” (also known as the “Indiana Data Privacy Law” or the “INCDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. This part of the document uses the term “personal data” as defined in the INCDPA The INCDPA gives Indiana consumers the right to: (i) confirm whether or not a controller is processing the consumer’s personal data; (ii) correct inaccuracies in the consumer’s personal data that the consumer previously provided to a controller, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data; (iii) delete personal data provided by, or obtained about, the consumer; (iv) obtain either a copy of; a representative summary of the consumer’s personal data that the consumer previously provided to the controller in a portable and, to the extent technically practicable, readily usable format; and (v) opt out of the processing of their personal data for targeted advertising, the sale of their personal data, or profiling in furtherance of a decision that produces a legal or similarly significant effect concerning a consumer. If you are an Indiana consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
IOWA RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Iowa, according to the “Iowa Act Relating to Consumer Data Protection” (also known as the “Iowa Data Privacy Law” or the “ICDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. This part of the document uses the term “personal data” as defined in the ICDPA The ICDPA gives Iowa consumers the right to: (i) confirm whether or not a controller is processing the consumer’s personal data and access such data; (ii) delete personal data provided by the consumer; (iii) obtain a copy of the consumer’s personal data that the consumer previously provided to the controller in a portable and, to the extent technically practicable, readily usable format that allows the consumer to transmit the data to another controller; (iv) opt out of the sale personal data. If you are an Iowa consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
KENTUCKY RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Kentucky, according to the Kentucky Consumer Data Protection Act (the “KCDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This part of the document uses the term “personal data” as defined in the KCDPA. Kentucky law gives Kentucky consumers the following rights with respect to a “controller” of personal data (as defined under the KCDPA) to:  (i) confirm whether their personal data is being processed, and access, correct, delete, or obtain a copy of their personal information in a portable format, and (ii) opt out of the sale or sharing of their personal data for the purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning them. If you are a Kentucky consumer and wish to exercise these rights, please submit your request by emailing us
at privacy@deserthorsepark.com.
MARYLAND RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the privacy policy. The provisions contained in this section apply to all who are consumers residing in the State of Maryland, according to the Maryland Online Data Privacy Act (the “MODPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This part of the document uses the term “personal data” as defined in the MODPA. Maryland law gives Maryland consumers the following rights with respect to a “controller” of personal data (as defined under the MODPA) to:  (i) confirm whether their personal data is being processed, and access, correct, delete, or obtain a copy of their personal information in a portable format, (ii) obtain a list of the categories of third parties to which a controller has disclosed their personal data and (iii) opt out of the sale or sharing of their personal data for the purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning them. If you are a Maryland consumer and wishto exercise these rights, please submit your request by emailing us at .
MINNESOTA RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the privacy policy. The provisions contained in this section apply to all who are consumers residing in the State of Minnesota, according to the Minnesota Consumer Data Privacy Act (the “MCDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This part of the document uses the term “personal data” as defined in the MCDPA. Minnesota law gives Minnesota consumers the following rights with respect to a “controller” of personal data (as defined under the MCDPA) to:  (i) confirm whether their personal data is being processed, and access, correct, delete, or obtain a copy of their personal information in a portable format, (ii) obtain a list of the categories of third parties to which a controller has disclosed their personal data, (iii) opt out of the sale or sharing of their personal data for the purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning them, or (iv) question the result of profiling, be informed of the reason that profiling resulted in specific decision, if feasible, be informed of what actions the consumer might have taken to secure a different decision and the actions that the consumer might take to secure a different decision in the future, review the consumer’s personal data used in the profiling, and if a decision is found to have been based on inaccurate personal data, to have the data corrected and the profiling decision reevaluated based upon the corrected data. If you are a Minnesota consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
MONTANTA RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Montana, according to the “Montana Consumer Data Privacy Act” (also known as the “Montana Privacy Law” or the “MCDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. The MCDPA gives Montana consumers the right (i) confirm whether the controller is processing the consumer’s data and provide access to the consumer’s data; (ii) correct inaccurate personal data of the consumer; (iii) request deletion of their personal data; (iv) obtain a portable copy of their personal data; and (v) opt out of the processing of the consumer’s personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning
the consumer. If you are a Montana consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
NEBRASKA RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the privacy policy. The provisions contained in this section apply to all who are consumers residing in the State of Nebraska, according to the Nebraska Data Privacy Act (the “NEDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This part of the document uses the term “personal data” as defined in the NEDPA. Nebraska law gives Nebraska consumers the following rights with respect to a “controller” of personal data (as defined under the NEDPA) to:  (i) confirm whether their personal data is being processed, and access, correct, delete, or obtain a copy of their personal information in a portable format, and (ii) opt out of the sale or sharing of their personal data for the purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning them. If you are a Nebraska consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
NEVADA RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Nevada, according to the “Nevada Privacy of Information Collected on the Internet from Consumers Act” (also known as the “Nevada Privacy Law” or the “NPICICA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. The NPICICA gives Nevada consumers the right to request that a company not sell their personal information. If you are a Nevada consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
NEW HAMPSHIRE RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the privacy policy. The provisions contained in this section apply to all who are consumers residing in the State of New Hampshire, according to the New Hampshire Data Privacy Act (the “NHDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This part of the document uses the term “personal data” as defined in the NHDPA. New Hampshire law gives New Hampshire consumers the following rights with respect to a “controller” of personal data (as defined under the NHDPA) to:  (i) confirm whether their personal data is being processed, and access, correct, delete, or obtain a copy of their personal information in a portable format, and (ii) opt out of the sale or sharing of their personal data for the purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning them. If you are a New Hampshire consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
NEW JERSEY RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the privacy policy. The provisions contained in this section apply to all who are consumers residing in the State of New Jersey, according to the New Jersey Privacy Act (the “NJPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy
policy. This part of the document uses the term “personal data” as defined in the NJPA. New Jersey law gives New Jersey consumers the following rights with respect to a “controller” of personal data (as defined under the NJPA) to:  (i) confirm whether their personal data is being processed, and access, correct, delete, or obtain a copy of their personal information in a portable format, and (ii) opt out of the sale or sharing of their personal data for the purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning them. If you are a New Jersey consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
OREGON RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Oregon, according to “Oregon Consumer Privacy Act”, and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. The Oregon Consumer Privacy Act gives Oregon consumers the right (i) to know that a controller is processing or has processed their personal data; the categories of personal data the controller is processing or has processed; and a list of specific third parties for which data has been disclosed; (ii) to correct inaccuracies in personal data about the consumer, taking into account the nature of the personal data and purpose for processing the personal data; (iii) delete personal data about the consumer, including personal data the consumer provided to the controller, personal data the controller obtained from another source and derived data; (iv) to opt-out of the processing of their personal data for targeted advertising, sales or profiling of the consumer in furtherance of decisions that produce legal effects or effects of similar significance; and (v) to obtain a portable and readily usable copy of their personal data. If you are an Oregon consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
RHODE ISLAND RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the privacy policy. The provisions contained in this section apply to all who are consumers residing in the State of Rhode Island, according to the Rhode Island Data Transparency and Privacy Protection Act (the “RIDTPPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This part of the document uses the term “personal data” as defined in the RIDTPPA. Rhode Island law gives Rhode Island consumers the following rights with respect to a “controller” of personal data (as defined under the RIDTPPA) to:  (i) confirm whether their personal data is being processed, and access, correct, delete, or obtain a copy of their personal information in a portable format, and (ii) opt out of the sale or sharing of their personal data for the purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning them. If you are a Rhode Island consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
TENNESSEE RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the privacy policy. The provisions contained in this section apply to all who are consumers residing in the State of Tennessee, according to the Tennessee Information Protection Act (the “TIPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This part of the document uses the term “personal data” as defined in the TIPA. Tennessee law gives Tennessee consumers the following rights with respect to a “controller” of personal
data (as defined under the TIPA) to:  (i) confirm whether their personal data is being processed, and access, correct, delete, or obtain a copy of their personal information in a portable format, and (ii) opt out of the sale or sharing of their personal data for the purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning them. If you are a Tennessee consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
TEXAS RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Texas, according to “Texas Data Privacy and Security Act” (also known as the “Texas Privacy Law” or the “TDPSA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. The TDSPA gives Texas consumers the right (i) confirm whether a controller is processing their personal data and access that data; (ii) correct inaccuracies in their personal data; (iii) request deletion of their data (whether the personal data was provided by the consumer or obtained about the consumer); (iv) obtain a portable copy of their personal data; (v) opt out of processing for the purposes of targeted advertising, sale of personal data or profiling; and (vi) appeal a controller’s refusal to take action on a consumer request to exercise their rights. If you are a Texas consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
UTAH RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Utah, according to the “Utah Consumer Privacy Act” (“UCPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. The UCPA gives Utah consumers the right to (i) access, delete, or obtain a copy of their personal information in a portable format, and (ii) opt out of the processing of your personal data for the purposes of targeted advertising, the sale of personal data. If you are a Utah consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
VIRGINIA RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Virginia, according to the “Virginia Consumer Data Protection Act” (“VCDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. The VCDPA gives Virginia consumers the right to (i) access, correct, delete, or obtain a copy of their personal information in a portable format, (ii) to request that a company not sell their personal information, (iii) to opt- out of the processing of their personal information for any targeted advertising, and (iv) not be discriminated against for exercising any of the data privacy rights granted. If you are a Virginia consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
INTERNATIONAL USERS
Our online services are United States-based and are controlled, operated and administered by DIHP from its offices within the United States of America, and are made available to you on an unsolicited basis, without any marketing or promotion regarding these online services to you from DIHP or its personnel.
This Privacy Policy is provided in accordance with and subject to applicable U.S. law. If you decide to continue to access our online services from your location outside the United States, you hereby agree that your use of those services is subject to this Privacy Policy and your personal information will be transferred to or processed within the United States.
EUROPEAN ECONONOMIC AREA (“EEA”) USERS
GDPR Privacy Notice: This notice is for people who are located in the European Economic Area (“EEA”). Our processing of personal data of people who are in the EEA is governed by the General Data Protection Regulation (the “GDPR”). The GDPR requires us to provide certain information to you about your personal data, which we refer to in this notice as your personal information.
Legal Basis for Processing Personal Information under GDPR
We may process personal information under the following conditions:
Consent – you have given your consent for processing personal information for one or more specific
Performance of a contract – provision of personal information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations
Legal obligations – processing personal information is necessary for compliance with a legal obligation to which we are
Vital interests – processing personal information is necessary in order to protect your vital interests or of another natural
Public interests – processing personal information is related to a task that is carried out in the public interest or in the exercise of official authority vested in DIHP
Legitimate interests: processing personal information is necessary for the purposes of the legitimate interests pursued by DIHP
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of personal information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of your personal information and to enable you to exercise your rights under the GDPR.
You have the right under this Privacy Policy, and by law if you are within the EEA to:
Request access to your personal information. The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your personal information directly within your account settings If you are unable to perform these actions yourself, please contact us by email at privacy@deserthorsepark.com.privacy@deserthorsepark.com to assist you. This also enables you to receive a copy of the personal information we hold about you.
Request correction of the personal information that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected.
Object to processing of your personal This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your personal information on this ground. You also have the right to object where we are processing your personal information for
direct marketing purposes.
Request erasure of Your personal information. You have the right to ask us to delete or remove personal information when there is no good reason for us to continue processing
Request the transfer of Your personal information. We will provide to you, or to a third-party you have chosen, your personal information in a structured, commonly used, machine-readable Please not that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw Your You have the right to withdraw your consent on using your personal information. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Website.
Exercising of Your GDPR Data Protection Rights
You may exercise your rights of access, rectification, cancellation and opposition by contacting us by email at . Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.
You have the right to complain to a Data Protection Authority about our collection and use of your personal information. For more information, if you are in the EEA, please contact your local data protection authority in the EEA.
Contacting Our GDPR Data Protection Officer
We have designated a Data Protection Officer whom you have the right to contact with regard to all issues related to processing of your personal information and to the exercise of your rights under the GDPR. You may contact our Data Protection Officer by email at privacy@deserthorsepark.com.

EEA data subjects may contact the data protection officer with regard to all issues related to processing of their personal data and to the exercise of their rights under the GDPR.
CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify or supplement this Privacy Policy at any time. Therefore, we recommend that you review this Privacy Policy, updated and posted on this Website, regularly for changes. The effective date of this Privacy Policy, as stated above, indicates the last time this Privacy Policy was revised.
Your continued use of our online services after we have changed the Privacy Policy signifies your acceptance of the revised terms. This Privacy Policy may be changed from time to time to reflect changes in our practices concerning the collection and use of personal information related to your use of the Website. Under certain circumstances (i.e., with respect to material changes to this Privacy Policy), we may also elect to notify you through additional means, such as by posting a notice on the Website or sending you an email. The revised Privacy Policy will be effective immediately upon posting to our Website.
OUR OTHER PRIVACY POLICIES OR NOTICES
This Privacy Policy provides a general statement of the ways in which DIHP protects your personal information when you access and use this Website. You may, however, in connection with specific products or services offered by DIHP, be provided with separate privacy policies or notices that describe the privacy practices associated with your use of those products or services.
CONTACT US
If you have any questions about this Privacy Policy, you can contact us:

By email: privacy@deserthorsepark.com.

By mail: Desert International Horse Park
ATTN: Privacy Compliance Officer
P.O. Box 5700
La Quinta, CA 92248

This Privacy Policy (this “Privacy Policy”) describes the types of personal information we, Coachella Horse Park LLC, d/b/a Desert International Horse Park, CHP Land Company LLC, CHP Show Management Company LLC, d/b/a Apex Equisport, and each of their respective parent, affiliate and subsidiary companies (“DIHP”, “us,” our” or “we”), may collect about you in the context of your use of use of, and access to, our websites located at https://deserthorsepark.com/  and all other websites, mobile sites, services, applications, mobile applications, platforms and other tools where these terms appear or are otherwise referenced (collectively the “Website”) and the features and functionality thereof (the “Service(s)”), the purposes for which we use the information, and the circumstances in which we may share such information.
When you visit the Website, we collect certain personal information about you. As used in this Privacy Policy, “personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you or your household.
By using the Website, you consent to the collection and use of your personal information as described in this Privacy Policy, and as applicable, our Terms of Use, and as permitted or required by law. If you do not agree with the terms set out in this Privacy Policy, please do not use our Website or Services.

COLLECTION OF PERSONAL INFORMATION
The categories below describe the personal information we have collected in the past twelve months or may collect about you and the sources from which we collect those categories of personal information.

USE OF PERSONAL INFORMATION
We may use your information for the following purposes:
Sending you communications and administrative emails;
Personalizing and tailoring the features, performance and support of the Website;
Identifying you as a user on the Website;
For the performance of a contract between you and us;
Verifying your identity for security purposes as a participant, visitor, service provider or spectator at live events;
Fulfilling orders or event access requests you may place on the Website;
Sending you promotional/marketing information, advertising, newsletters, offers or other information from us;
Sending your promotional/marketing information, advertising, offers or other information from us related to our affiliate partners;
Providing support related to your account or orders or event access requests you may place on the Website;
Providing you with opportunities and functionality that we think would be of particular interest;
Analyzing, benchmarking and conducting research on user data and interactions with the Website;
Processing services, maintaining user accounts, resolving disputes, preventing fraud and verifying your identity;
Monitoring, maintaining, administering and improving Website performance;
Protecting your, our, or third parties’ networks, systems, property, or physical safety;
Complying with requests from regulatory agencies, law enforcement, and other public and government authorities, as well as with relevant industry standards and policies;
Enforcing our contracts, terms, and conditions or otherwise exercising our legal rights; defending ourselves from claims; and complying with laws and regulations that apply to us or third parties with whom we work;
Aggregating the information collected via cookies and similar technologies to use in statistical analysis to help us track trends, analyze patterns, and conduct research and product development;
Responding to your inquiries related to employment opportunities or other requests;
Contacting you by email or telephone, from time to time, as part of a secondary fraud protection or to solicit your feedback;
Participating in any merger, acquisition, or other corporate transaction;
Meeting our or third parties’ audit and compliance requirements; and
For any other purposes that we may specifically disclose at the time you provide or we collect your information.
SHARING OF PERSONAL INFORMATION WITH OTHER ENTITIES
We may share personal information about you with other entities, including entities that provide services to us. We do not disclose your personal information collected through the Website to other entities, except as described in this Privacy Policy.
Applicable law requires that we identify the categories of personal information we share for business purposes. We disclose the following categories of personal information for business purposes: personal identifiers, device and online identifiers, information about your internet, browser, and network activity, protected classifications, biometric information, commercial information, professional or employment information, education information, inferences drawn from other personal information, payment data, and location data.
We may share your personal information with the following types of entities or in the following situations:
Service providers: We engage service providers to facilitate our operation of the Website and provide the Services. These service providers analyze information about the Website and your use of the Website. Information disclosed for these purposes may include device and online identifiers, ISP information, session ID and /or session log data, information about your internet, browser, and network activity, and location data.
Legal authorities, emergency responders and other legal requirements: We may disclose personal information to third parties as permitted by, or to comply with, applicable laws, regulations, or legal obligations, including but not limited to responding to a subpoena or similar legal process, protecting against fraud, cooperating with law enforcement or regulatory authorities, protecting and defending the rights or property of DIHP, preventing or investigating possible wrongdoing in connection with the Website/Services, protecting the personal safety of users of the service or the public, and protecting against legal liability. Information disclosed for these purposes may include device and online identifiers, information about your internet, browser, and network activity, and location data.
For Business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another company. 
Affiliates: We may share your personal information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
With Business partners: We may share your personal information with third party companies that are our business partners to offer you certain products, services or promotions.
With other users: when you share personal information or otherwise interact in the public areas of the Website with other users, such information may be viewed by all users and may be publicly distributed outside. If you interact with other users or register through, a third party social media service such as Facebook, Instagram, Twitter, or Google (“Third-Party Social Media Service”), your contacts on the Third-Party Social Media Service may see your name, profile, pictures and description of your activity.
Similarly, other users will be able to view descriptions of your activity, communicate with you and view your profile.
User Testimonials and Feedback: We often receive testimonials and comments from users who have had positive experiences at our events or with our products and Services. We occasionally publish such content. We may post feedback submitted to us on the Website from time to time. If you make any comments on a blog or forum associated with the Website, you should be aware that any personal information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.
Cookies and Other Tracking Technologies
We, our affiliates and/or other persons acting on our or their behalf use cookies and similar technology, such as web beacons (also known as clear GIFs or pixel tags), or similar technologies as they may develop over time to collect, use, and share information when you visit our online services or interact with us online, via email or through other electronic means Cookies are small pieces of data sent from a website and stored on a device. Cookies may enable us to capture and compile statistical information about how you use our online services, including information relating to your device’s IP address, the frequency of your visits, readership data (such as the average length of visits, which pages are viewed or shared during a visit or other interactions with our content, such as time spent viewing videos, PDFs read and links clicked), authentication information, acceptance or rejection of website terms, and periods of inactivity. To learn more about cookies, including information on what cookies have been set on your device and how cookies can be managed and deleted, visit https://www.allaboutcookies.org/
Our online services also use web beacons. Web beacons are invisible tags and may be placed on a webpage, in advertisements, or in an email or other message. They usually work in conjunction with cookies, registering when a particular device visits a particular page. For example, web beacons may count the number of individuals who visit our Website from a particular advertisement or who enroll in a service after viewing a particular advertisement. 
“Clickstream” data (e.g., information regarding which of our Website pages you access, the frequency of such access, and your product and service preferences) may be collected by DIHP itself, or by our service providers, using cookies, web beacons, page tags, or similar tools that are set when you visit the Website or when you view an advertisement we may have placed on another website. Clickstream data and similar information may be shared internally within DIHP and used for administrative purposes to assess the usage, value and performance of our online products and services; to improve your experience with the Website; and as otherwise permitted by applicable law or regulation. This information may be processed by us for the purposes described above, or on our behalf by other entities, solely in accordance with our instructions.
How We Use These Technologies
We, our services providers, and third party business partners may use information collected from cookies, web beacons, and similar technologies for the following purposes:
to allow our online services to operate as you have requested; to understand how our online services are accessed and used; to recognize you when you return to our Website;
to assess the effectiveness of advertising and readership content;
to deliver marketing communications that may be of interest to you, including ads or offers tailored to you; and
for other purposes described above under “USE OF PERSONAL INFORMATION.”
We may combine the information that we collect through cookies, web beacons and similar technologies with other personal information we have collected from you from both online and offline sources.
We may work with service providers to promote our products and services both on the Website and other websites. For example, if you visit a page on the Website or third-party websites that provides information about one of our products or services, a cookie may be placed on your browser or device that identifies the product or service you viewed. This information allows us, our service providers, and our third-party business partners to deliver more relevant and tailored content, such as ads for that particular product or service.
Other than service providers, we do not allow unaffiliated third parties to collect personal information about your activities on the Website.
Managing Your Preferences
Web Browser Preferences
Many web browsers allow you to manage your preferences. You can set your browser to refuse cookies or delete certain cookies. Unless you have adjusted your browser setting so that it will reject cookies, our system may issue cookies when you access or use our online services. In the event you refuse to accept cookies by adjusting your browser setting, some or all areas of our online services may not function properly or may not be accessible.
You can also opt out of online targeted advertising by companies participating in the Digital Advertising Alliance by visiting https://www.aboutads.info/choices.
Mobile Device Preferences
Your mobile device may give you the ability to opt out of the use of information about the mobile browsers or apps you use in order to serve you ads that are targeted to your interests. You can stop the collection of location information from your mobile device by changing the preferences on your mobile device.
Do Not Track Policy
Most browsers can be set to send signals to third party websites requesting them not to track the user’s activities. At this time, we do not respond to “do not track” signals. Consequently, our third party service providers may indeed track and collect information about your online activities over time while navigating to, from and on our online services, notwithstanding any “do not track” signals we may receive.
Our Security and Data Storage Procedures
Our goal is to protect your personal information submitted to us through our online services. We maintain reasonable physical, electronic, and procedural safeguards that comply with applicable law to guard nonpublic personal information about you against loss, misuse or unauthorized access, disclosure, alteration or destruction of the information you have provided to us through our online services. We have internal policies governing the proper handling of consumer information by personnel and requiring third parties that provide support or marketing services on our behalf to adhere to appropriate security standards with respect to such information. The security of your personal information is important to us, but please note that no method of transmission over the Internet, or method of electronic storage is
perfectly secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
The Website and our Services are United States-based, and are controlled, operated and administered from our offices within the United States. However, DIHP’s service providers are located throughout the world. Depending on how you interact with us, your personal information may be handled and stored in, accessed from, or transferred to different countries. Whenever we transfer personal information to different countries, we take steps to ensure that the personal information we transfer receives adequate protection in the jurisdictions that we handle or store it.
If you have additional questions about how we protect your information, please contact us at privacy@deserthorsepark.com.
Links to Other Websites
This Privacy Policy only applies to the use and disclosure of information we collect through our online services. Our online services may contain links to other websites belonging to third parties that are not affiliated with us. The inclusion of any link on our Website or otherwise in our online services does not imply our endorsement of the linked website or service. While we try to link only to websites that meet our standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other websites, or links posted on our online services. Information you disclose to other parties or through such sites is subject to the privacy and security practices and policies of those parties or websites. We disclaim all liability, to the extent permissible, with regard to your access to such linked websites. Access to any other websites is at your own discretion and we encourage you to read the privacy statements of each and every website or online services visited in order to learn how such third parties may treat your information.
Information Collected from Third Party Companies
We may receive personal information and/or anonymous data about you from companies that provide our Services or products by way of a co-branded or private-labeled website or companies that offer their products and/or services on the Website. We may add this information to the personal information we have already collected from you via the Website or Services in order to improve the Services we provide, the features we offer you, or the functionality of the Website.
Email Communications
We will periodically send you free newsletters and e-mails that directly promote our events and products, our business partners’ products, the use of our Website or the Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Withdrawing your consent for one mailing list will not affect your receipt of messages from other mailing lists or of information concerning your purchases. Despite your indicated e-mail preferences, we may send you service related or administrative communications, including notices of any updates to our Terms of Use or Privacy Policy.
Detailed Information on the Processing of Your Personal Information
Our third-party service providers have access to your personal information only to perform their tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Website
We use GoDaddy to host our Website. You can read more about how GoDaddy uses your Personal Information here: https://www.godaddy.com/legal/agreements/privacy-policy
We use Google Analytics to help us understand how our customers use our Website. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
We use cPanel to help us manage and administer our Website. You can read more about how cPanel uses your Personal Information here: https://cpanel.net/privacy-policy/
We use Fobi.ai as a third-party service provider to enhance our website’s functionality by enabling us to design, deploy, and manage online forms for various business purposes including data collection and submission processing. You can read more about how Fobi.ai uses your Personal Information here: https://www.fobi.ai/privacy-policy
We use WordPress.org to host and serve content and video on our Website. You can read more about how WordPress.org uses your Personal Information here: https://wordpress.org/about/privacy/

Events
We use Show Grounds Live, LLC for technology to help us run our shows and events. You can read more about how Show Grounds Live uses your Personal Information here: https://showgroundslive.com/privacy-policy/
Email Marketing
We may use third party email marketing service providers to manage and send emails to you. We may use your personal information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us. Third party services that we have used or may use in the future include:
iContact. For more information about these services and their privacy policies, please visit their websites. (https://www.icontact.com/legal/privacy/)

Payments
We may provide paid products and/or services within the Website. In that case, we may use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their own privacy policies. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. Third party services that we used or may use include Stripe and Square. For more information about these services and their privacy policies, please visit their websites:
Stripe: https://stripe.com/privacy
Square: https://squareup.com/us/en/legal/general/privacy-no-account

Behavioral Advertising
As described above, we may use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (NAI) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Please note that any opt out is specific to the browser you use. You may need to opt out on every browser on every device that you use.
PROTECTING CHILDREN’S PRIVACY ONLINE
Protecting the privacy of minors is important to DIHP. We comply with the Children’s Online Privacy Protection Act in the United States, and similar laws around the world, where applicable. The Website, and the Services are not directed to or intended for individuals under 18 years of age. We do not knowingly collect or solicit personal information from or about individuals under the age of 18, or the relevant minimum age under applicable local legal requirements, except as permitted under applicable law. If you become aware that we have collected personal information from a minor, please contact us at privacy@deserthorsepark.com so that we can promptly investigate and address the issue.
CALIFORNIA RESIDENTS
California residents should be aware that this section does not apply to personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) and its implementing regulations, the California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994; or other information subject to a California Consumer Privacy Act (CCPA) exception.
Your Rights under the CCPA
Under this Privacy Policy, and by law if you are a resident of California, you may have the following rights: 
The right to notice. You must be properly notified about which categories of personal information that are being collected; the purposes for which the personal information is being used and the categories of personal information that we disclosed about you for a business purpose; Additionally, you have the right to know the categories of personal information about you that we sold or shared and the categories of third parties to whom it was sold or shared.
The right to access / the right to request. The CCPA permits you to request and obtain from us information regarding the disclosure of your personal information that has been collected in the past 12 months by us or its subsidiaries to a third-party for the third party’s direct marketing purposes.
The right to say no to the sale or sharing of personal information. You also have the right to ask us not to sell or share your personal information to or with third parties for cross-context behavioral advertising or other purposes.
The right to know about your personal information. You have the right to request and obtain from the Company information regarding the disclosure of the following:
The categories of personal information collected
The sources from which the personal information was collected
The business or commercial purpose for collecting or selling the personal information
Categories of third parties with whom we share personal information
The specific pieces of personal information we collected about you
The right to correct personal information. You also have the right to request correction of any inaccurate or incomplete personal information that we maintain about you. If you believe any personal information we have is incorrect, please contact us with the details, and we will make the correction where required.

The right to delete personal information. You also have the right to request the deletion of your personal information that has been collected in the past 12 months.

The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your consumer rights, including by:
Denying goods or services to you
Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
Providing a different level or quality of goods or services to you
Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising Your CCPA Data Protection Rights
In order to exercise any of your rights under the CCPA, and if you are a California resident, you can email us at privacy@deserthorsepark.com.
California law requires us to verify the requests we receive from you when you exercise certain of the rights listed above. To verify your request, we will check the information you provide us in your request against third party identity verification tools. As part of this process, we may call you after you submit your request to verify information. You may also designate an authorized agent to exercise certain of the rights listed above on your behalf by providing the authorized agent with power of attorney pursuant to the California Probate Code. If an authorized agent submits a request on your behalf, we will contact you to verify that they represent you.
DIHP will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
Do Not Sell or Share My Personal Information
We do not sell, and have not within the last twelve months sold, your personal information. However, the
third party service providers we partner with (for example, our advertising partners) may use technology on the Website that may be considered or constitute a “sale” of personal information as defined by the CCPA law. If you are a California resident and wish to opt out of the sale or sharing of your personal information as defined under CCPA law, you may do so by emailing us at privacy@deserthorsepark.com.
Website
You can opt out of receiving ads that are personalized as served by our service providers by emailing us at privacy@deserthorsepark.com.

Mobile Devices
Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:
“Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
“Limit Ad Tracking” on iOS devices
You can also stop the collection of location information from your mobile device by changing the preferences on your mobile device.
“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Website does not respond to Do Not Track signals. However, some third-party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track signals by visiting the preferences or settings page of Your web browser.
Your California Privacy Rights (California’s Shine the Light law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their personal information with third parties for the third parties’ direct marketing purposes. If you’d like to request more information under the California Shine the Light law, and if you are a California resident, you can contact us by email at privacy@deserthorsepark.com.
COLORADO RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Colorado, according to the “Colorado Privacy Act” (also known as “CPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. The CPA gives Colorado consumers the right to (i) opt-out from the sale of their personal data, or use of personal data for targeted advertising and certain types of profiling; (ii) (ii) know whether a controller is collecting personal data; (iii) to access, correct or delete personal data that a controller has collected about them; and (iv) to download and remove personal data from a platform in a format that allows the transfer to another platform. If you are a Colorado consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
CONNECTICUT RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Connecticut, according to “An Act Concerning Personal Data Privacy and Online Monitoring “ (also known as “The Connecticut Data Privacy Act” or the “CTDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. This part of the document uses the term “personal data” as defined in the CTDPA. Connecticut law gives Connecticut consumers the right to: (i) access, correct, delete, or obtain a copy of their personal information in a portable format, and (ii) opt out of the processing of your personal data for the purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. If you are a Connecticut consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
DELAWARE RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Delaware, according to the “Delaware Personal Data Privacy Act “ (also known as the “Delaware Privacy Law” or the “DPDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. This part of the document uses the term “personal data” as defined in the DPDPA. Delaware law gives Delaware consumers the right to: (i) confirm whether a controller is processing the consumer’s personal data and access such personal data; (ii) correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data; (iii) delete personal data provided by, or obtained about, the consumer; (iv) obtain a copy of the consumer’s personal data processed by the controller, in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means; (v) obtain a list of the specific third parties to which the controller has disclosed the consumer’s personal data; and (vi) opt out of the processing of personal data for the purposes of targeted advertising, the sale of personal data, or profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning the consumer. If you are a Delaware consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
FLORIDA RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Florida, according to the “Florida Digital Bill of Rights ” (also known as the “Florida Privacy Law” or the “FDBR”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. This part of the document uses the term “personal data” as defined in the FDBR The FDBR gives Florida consumers the right to: (i) confirm whether the controller is processing their personal data and provide them access to their personal data; (ii) correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data, and the purposes of the processing of the consumer’s personal data; (iii) delete personal data provided by, or obtained about, the consumer; (iv) obtain a copy of the consumer’s personal data in a portable and, to the extent technically feasible, readily usable format if the data is available in a digital format; (v) opt out of the processing of their personal data for targeted advertising, the sale of their personal data, or profiling in furtherance of a decision that produces a legal or similarly significant effect concerning a consumer; and (vi) opt out of the collection or processing of sensitive data, including precise geolocation data. If you
are a Florida consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
INDIANA RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Indiana, according to the “Indiana Consumer Data Protection Act” (also known as the “Indiana Data Privacy Law” or the “INCDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. This part of the document uses the term “personal data” as defined in the INCDPA The INCDPA gives Indiana consumers the right to: (i) confirm whether or not a controller is processing the consumer’s personal data; (ii) correct inaccuracies in the consumer’s personal data that the consumer previously provided to a controller, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data; (iii) delete personal data provided by, or obtained about, the consumer; (iv) obtain either a copy of; a representative summary of the consumer’s personal data that the consumer previously provided to the controller in a portable and, to the extent technically practicable, readily usable format; and (v) opt out of the processing of their personal data for targeted advertising, the sale of their personal data, or profiling in furtherance of a decision that produces a legal or similarly significant effect concerning a consumer. If you are an Indiana consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
IOWA RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Iowa, according to the “Iowa Act Relating to Consumer Data Protection” (also known as the “Iowa Data Privacy Law” or the “ICDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. This part of the document uses the term “personal data” as defined in the ICDPA The ICDPA gives Iowa consumers the right to: (i) confirm whether or not a controller is processing the consumer’s personal data and access such data; (ii) delete personal data provided by the consumer; (iii) obtain a copy of the consumer’s personal data that the consumer previously provided to the controller in a portable and, to the extent technically practicable, readily usable format that allows the consumer to transmit the data to another controller; (iv) opt out of the sale personal data. If you are an Iowa consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
KENTUCKY RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Kentucky, according to the Kentucky Consumer Data Protection Act (the “KCDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This part of the document uses the term “personal data” as defined in the KCDPA. Kentucky law gives Kentucky consumers the following rights with respect to a “controller” of personal data (as defined under the KCDPA) to:  (i) confirm whether their personal data is being processed, and access, correct, delete, or obtain a copy of their personal information in a portable format, and (ii) opt out of the sale or sharing of their personal data for the purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning them. If you are a Kentucky consumer and wish to exercise these rights, please submit your request by emailing us
at privacy@deserthorsepark.com.
MARYLAND RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the privacy policy. The provisions contained in this section apply to all who are consumers residing in the State of Maryland, according to the Maryland Online Data Privacy Act (the “MODPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This part of the document uses the term “personal data” as defined in the MODPA. Maryland law gives Maryland consumers the following rights with respect to a “controller” of personal data (as defined under the MODPA) to:  (i) confirm whether their personal data is being processed, and access, correct, delete, or obtain a copy of their personal information in a portable format, (ii) obtain a list of the categories of third parties to which a controller has disclosed their personal data and (iii) opt out of the sale or sharing of their personal data for the purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning them. If you are a Maryland consumer and wishto exercise these rights, please submit your request by emailing us at .
MINNESOTA RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the privacy policy. The provisions contained in this section apply to all who are consumers residing in the State of Minnesota, according to the Minnesota Consumer Data Privacy Act (the “MCDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This part of the document uses the term “personal data” as defined in the MCDPA. Minnesota law gives Minnesota consumers the following rights with respect to a “controller” of personal data (as defined under the MCDPA) to:  (i) confirm whether their personal data is being processed, and access, correct, delete, or obtain a copy of their personal information in a portable format, (ii) obtain a list of the categories of third parties to which a controller has disclosed their personal data, (iii) opt out of the sale or sharing of their personal data for the purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning them, or (iv) question the result of profiling, be informed of the reason that profiling resulted in specific decision, if feasible, be informed of what actions the consumer might have taken to secure a different decision and the actions that the consumer might take to secure a different decision in the future, review the consumer’s personal data used in the profiling, and if a decision is found to have been based on inaccurate personal data, to have the data corrected and the profiling decision reevaluated based upon the corrected data. If you are a Minnesota consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
MONTANTA RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Montana, according to the “Montana Consumer Data Privacy Act” (also known as the “Montana Privacy Law” or the “MCDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. The MCDPA gives Montana consumers the right (i) confirm whether the controller is processing the consumer’s data and provide access to the consumer’s data; (ii) correct inaccurate personal data of the consumer; (iii) request deletion of their personal data; (iv) obtain a portable copy of their personal data; and (v) opt out of the processing of the consumer’s personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning
the consumer. If you are a Montana consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
NEBRASKA RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the privacy policy. The provisions contained in this section apply to all who are consumers residing in the State of Nebraska, according to the Nebraska Data Privacy Act (the “NEDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This part of the document uses the term “personal data” as defined in the NEDPA. Nebraska law gives Nebraska consumers the following rights with respect to a “controller” of personal data (as defined under the NEDPA) to:  (i) confirm whether their personal data is being processed, and access, correct, delete, or obtain a copy of their personal information in a portable format, and (ii) opt out of the sale or sharing of their personal data for the purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning them. If you are a Nebraska consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
NEVADA RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Nevada, according to the “Nevada Privacy of Information Collected on the Internet from Consumers Act” (also known as the “Nevada Privacy Law” or the “NPICICA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. The NPICICA gives Nevada consumers the right to request that a company not sell their personal information. If you are a Nevada consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
NEW HAMPSHIRE RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the privacy policy. The provisions contained in this section apply to all who are consumers residing in the State of New Hampshire, according to the New Hampshire Data Privacy Act (the “NHDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This part of the document uses the term “personal data” as defined in the NHDPA. New Hampshire law gives New Hampshire consumers the following rights with respect to a “controller” of personal data (as defined under the NHDPA) to:  (i) confirm whether their personal data is being processed, and access, correct, delete, or obtain a copy of their personal information in a portable format, and (ii) opt out of the sale or sharing of their personal data for the purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning them. If you are a New Hampshire consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
NEW JERSEY RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the privacy policy. The provisions contained in this section apply to all who are consumers residing in the State of New Jersey, according to the New Jersey Privacy Act (the “NJPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy
policy. This part of the document uses the term “personal data” as defined in the NJPA. New Jersey law gives New Jersey consumers the following rights with respect to a “controller” of personal data (as defined under the NJPA) to:  (i) confirm whether their personal data is being processed, and access, correct, delete, or obtain a copy of their personal information in a portable format, and (ii) opt out of the sale or sharing of their personal data for the purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning them. If you are a New Jersey consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
OREGON RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Oregon, according to “Oregon Consumer Privacy Act”, and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. The Oregon Consumer Privacy Act gives Oregon consumers the right (i) to know that a controller is processing or has processed their personal data; the categories of personal data the controller is processing or has processed; and a list of specific third parties for which data has been disclosed; (ii) to correct inaccuracies in personal data about the consumer, taking into account the nature of the personal data and purpose for processing the personal data; (iii) delete personal data about the consumer, including personal data the consumer provided to the controller, personal data the controller obtained from another source and derived data; (iv) to opt-out of the processing of their personal data for targeted advertising, sales or profiling of the consumer in furtherance of decisions that produce legal effects or effects of similar significance; and (v) to obtain a portable and readily usable copy of their personal data. If you are an Oregon consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
RHODE ISLAND RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the privacy policy. The provisions contained in this section apply to all who are consumers residing in the State of Rhode Island, according to the Rhode Island Data Transparency and Privacy Protection Act (the “RIDTPPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This part of the document uses the term “personal data” as defined in the RIDTPPA. Rhode Island law gives Rhode Island consumers the following rights with respect to a “controller” of personal data (as defined under the RIDTPPA) to:  (i) confirm whether their personal data is being processed, and access, correct, delete, or obtain a copy of their personal information in a portable format, and (ii) opt out of the sale or sharing of their personal data for the purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning them. If you are a Rhode Island consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
TENNESSEE RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the privacy policy. The provisions contained in this section apply to all who are consumers residing in the State of Tennessee, according to the Tennessee Information Protection Act (the “TIPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy. This part of the document uses the term “personal data” as defined in the TIPA. Tennessee law gives Tennessee consumers the following rights with respect to a “controller” of personal
data (as defined under the TIPA) to:  (i) confirm whether their personal data is being processed, and access, correct, delete, or obtain a copy of their personal information in a portable format, and (ii) opt out of the sale or sharing of their personal data for the purposes of targeted advertising or profiling in furtherance of decisions that produce legal or similarly significant effects concerning them. If you are a Tennessee consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
TEXAS RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Texas, according to “Texas Data Privacy and Security Act” (also known as the “Texas Privacy Law” or the “TDPSA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. The TDSPA gives Texas consumers the right (i) confirm whether a controller is processing their personal data and access that data; (ii) correct inaccuracies in their personal data; (iii) request deletion of their data (whether the personal data was provided by the consumer or obtained about the consumer); (iv) obtain a portable copy of their personal data; (v) opt out of processing for the purposes of targeted advertising, sale of personal data or profiling; and (vi) appeal a controller’s refusal to take action on a consumer request to exercise their rights. If you are a Texas consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
UTAH RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Utah, according to the “Utah Consumer Privacy Act” (“UCPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. The UCPA gives Utah consumers the right to (i) access, delete, or obtain a copy of their personal information in a portable format, and (ii) opt out of the processing of your personal data for the purposes of targeted advertising, the sale of personal data. If you are a Utah consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
VIRGINIA RESIDENTS
This part of the document integrates with and supplements the information contained in the rest of the Privacy Policy. The provisions contained in this section apply to all who are consumers residing in the State of Virginia, according to the “Virginia Consumer Data Protection Act” (“VCDPA”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the Privacy Policy. The VCDPA gives Virginia consumers the right to (i) access, correct, delete, or obtain a copy of their personal information in a portable format, (ii) to request that a company not sell their personal information, (iii) to opt- out of the processing of their personal information for any targeted advertising, and (iv) not be discriminated against for exercising any of the data privacy rights granted. If you are a Virginia consumer and wish to exercise these rights, please submit your request by emailing us at privacy@deserthorsepark.com.
INTERNATIONAL USERS
Our online services are United States-based and are controlled, operated and administered by DIHP from its offices within the United States of America, and are made available to you on an unsolicited basis, without any marketing or promotion regarding these online services to you from DIHP or its personnel.
This Privacy Policy is provided in accordance with and subject to applicable U.S. law. If you decide to continue to access our online services from your location outside the United States, you hereby agree that your use of those services is subject to this Privacy Policy and your personal information will be transferred to or processed within the United States.
EUROPEAN ECONONOMIC AREA (“EEA”) USERS
GDPR Privacy Notice: This notice is for people who are located in the European Economic Area (“EEA”). Our processing of personal data of people who are in the EEA is governed by the General Data Protection Regulation (the “GDPR”). The GDPR requires us to provide certain information to you about your personal data, which we refer to in this notice as your personal information.
Legal Basis for Processing Personal Information under GDPR
We may process personal information under the following conditions:
Consent – you have given your consent for processing personal information for one or more specific
Performance of a contract – provision of personal information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations
Legal obligations – processing personal information is necessary for compliance with a legal obligation to which we are
Vital interests – processing personal information is necessary in order to protect your vital interests or of another natural
Public interests – processing personal information is related to a task that is carried out in the public interest or in the exercise of official authority vested in DIHP
Legitimate interests: processing personal information is necessary for the purposes of the legitimate interests pursued by DIHP
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of personal information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of your personal information and to enable you to exercise your rights under the GDPR.
You have the right under this Privacy Policy, and by law if you are within the EEA to:
Request access to your personal information. The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your personal information directly within your account settings If you are unable to perform these actions yourself, please contact us by email at privacy@deserthorsepark.com.privacy@deserthorsepark.com to assist you. This also enables you to receive a copy of the personal information we hold about you.
Request correction of the personal information that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected.
Object to processing of your personal This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your personal information on this ground. You also have the right to object where we are processing your personal information for
direct marketing purposes.
Request erasure of Your personal information. You have the right to ask us to delete or remove personal information when there is no good reason for us to continue processing
Request the transfer of Your personal information. We will provide to you, or to a third-party you have chosen, your personal information in a structured, commonly used, machine-readable Please not that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw Your You have the right to withdraw your consent on using your personal information. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Website.
Exercising of Your GDPR Data Protection Rights
You may exercise your rights of access, rectification, cancellation and opposition by contacting us by email at . Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.
You have the right to complain to a Data Protection Authority about our collection and use of your personal information. For more information, if you are in the EEA, please contact your local data protection authority in the EEA.
Contacting Our GDPR Data Protection Officer
We have designated a Data Protection Officer whom you have the right to contact with regard to all issues related to processing of your personal information and to the exercise of your rights under the GDPR. You may contact our Data Protection Officer by email at privacy@deserthorsepark.com.

EEA data subjects may contact the data protection officer with regard to all issues related to processing of their personal data and to the exercise of their rights under the GDPR.
CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify or supplement this Privacy Policy at any time. Therefore, we recommend that you review this Privacy Policy, updated and posted on this Website, regularly for changes. The effective date of this Privacy Policy, as stated above, indicates the last time this Privacy Policy was revised.
Your continued use of our online services after we have changed the Privacy Policy signifies your acceptance of the revised terms. This Privacy Policy may be changed from time to time to reflect changes in our practices concerning the collection and use of personal information related to your use of the Website. Under certain circumstances (i.e., with respect to material changes to this Privacy Policy), we may also elect to notify you through additional means, such as by posting a notice on the Website or sending you an email. The revised Privacy Policy will be effective immediately upon posting to our Website.
OUR OTHER PRIVACY POLICIES OR NOTICES
This Privacy Policy provides a general statement of the ways in which DIHP protects your personal information when you access and use this Website. You may, however, in connection with specific products or services offered by DIHP, be provided with separate privacy policies or notices that describe the privacy practices associated with your use of those products or services.
CONTACT US
If you have any questions about this Privacy Policy, you can contact us:

By email: privacy@deserthorsepark.com.

By mail: Desert International Horse Park
ATTN: Privacy Compliance Officer
P.O. Box 5700
La Quinta, CA 92248

Terms of Use

Welcome to Deserthorsepark.com!

PLEASE TAKE A FEW MINUTES TO REVIEW THESE TERMS OF USE (“TERMS”). THESE TERMS APPLY TO YOUR ACCESS AND USE OF THE DESERTHORSEPARK.COM WEBSITE, ALL OTHER WEBSITES, MOBILE SITES, SERVICES, APPLICATIONS, PLATFORMS AND OTHER TOOLS WHERE THESE TERMS APPEAR OR ARE OTHERWISE REFERENCED, OR FOR WHICH NO SEPARATE TERMS ARE PROVIDED AS WELL AS TO YOUR VISITS TO OR INTERACTION WITH US IN ANY OF OUR STORES OR ELSEWHERE (COLLECTIVELY, THE “SITE”).

YOUR USE OF THE SITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW THESE TERMS AND TO BE BOUND BY THEM, THUS PLEASE READ THEM CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS, THEN PLEASE DO NOT USE THE SITE.

IMPORTANT NOTICE:

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE SALES TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED AND JURY TRIALS ARE WAIVED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION. PLEASE REVIEW THE MUTUAL ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION AND WAIVING YOUR RIGHT TO A CLASS ACTION OR A JURY TRIAL. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS MUTUAL ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. THESE TERMS ALSO CONTAIN RELEASES, LIMITATIONS ON LIABILITY, AND PROVISIONS ON INDEMNITY, ALL OF WHICH MAY LIMIT YOUR LEGAL RIGHTS AND REMEDIES.

AGREEMENT TO TERMS AND CONDITIONS OF USE BY USER

By using the Site, you acknowledge and accept without limitation or qualification, these Terms of Use, our Copyright (DMCA) Policy and our Privacy Policy each of which is incorporated herein by reference and form part of your agreement with Desert International Horse Park.

Who We Are

As used in the Terms and on the Site, “DIHP, We, Our, or Us” refers to Coachella Horse Park LLC, d/b/a Desert International Horse Park, CHP Land Company LLC, CHP Show Management Company LLC, d/b/a

 

Apex Equisport, and each of their respective parent, affiliate and subsidiary companies, officers, directors, and employees. If you have any questions about these Terms, the Privacy Policy or the Site, you may contact us at info@deserthorsepark.com or as set forth below.

CHANGES

We reserve the right to change or modify these Terms at any time and at our sole discretion. If we make changes to these Terms, we may provide notice of such changes, such as by posting a notice on our Site and/or updating the “Last Updated” date above. However, any changes or modifications will be effective immediately upon posting of the changes or modifications, and you waive any right you may have to receive specific notice of such changes or modifications, and to the extent permitted by law you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended Terms, you must stop using our Site.

Any revised Terms and/or Privacy Policy supersede all previous versions, notices, policies, or statements regarding the Site. If we request, you agree to sign a non-electronic version of these Terms.

WEBSITE ACCESS

YOU MUST BE AT LEAST AGE 18 TO USE THE SITE. By using the Site, you affirm that you are over age 18. If you are under 18, you may use the Site only with the consent, supervision and involvement of a parent or guardian who agrees to be bound by these terms.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR MINOR’S REGISTRATION WITH AND USE OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH MINOR’S USE OF THE SITE AND BE FULLY RESPONSIBLE FOR THE ACTS OR OMISSIONS OF SUCH USER IN RELATION TO THE SITE.

Pursuant to 47 U.S.C. Section 230 (d), we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.

We reserve the right to refuse service and/or purchases, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to anyone. We also reserve the right to disable any account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

YOUR ACCOUNT

You may be required to register with us in order to access certain services or areas of the Site. If you create an account, your username and password are for your personal use only and you are responsible for maintaining the confidentiality of your account information (including your password) and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available, We reserve the right, in our sole discretion, to terminate your account, refuse service to you, or cancel orders.

 

PRIVACY

Please review our Privacy Policy, which also governs your use of the Site, to understand how we collect, use, disclose, and secure personal information, as well as any rights that you may have.

ELECTRONIC COMMUNICATIONS

When visiting the Site, or when you send us emails, you are communicating with us electronically. By using the Site, you consent to receive communications from us electronically. including targeted emails, surveys, promotional offers and for other general business purposes. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

TERMS OF SALE

Online Orders: When placing an order on our Site, you are offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.

Payment Terms: All applicable prices are set forth alongside the goods and services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit or debit card. By using any such payment card, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

Shipping Information: It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges, unless otherwise noted. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.

Returns: If you, for any reason, are not satisfied with your order, you may return it for refund; provided: the item(s) were purchased directly from us on mavenDeserthorsepark.com; (ii) the items(s) were not designated as non-returnable; (iii) your return is made within thirty (30) days of delivery; and (iv) the merchandise is undamaged, unworn, unwashed, and is returned in the same condition as originally received by you with all tags attached. Item(s) that have any signs of wear, pet hair or other odors from essential oils, fragrances, cosmetics or perfumes, they will NOT be accepted for return/exchange. To contact us regarding a return, please email us at info@deserthorsepark.com. You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase.

REPRESENTATIONS & WARRANTIES; DISCLAIMERS; LIMITATIONS ON LIABILITY:

Your Representations & Warranties.

You represent and warrant to us as follows:

 

that you have the right to enter into any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party;

you will not use or access the Site or Content (as defined below) if you are under the age of eighteen (18) of are otherwise incapable of consenting to a legally binding contract;

that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale and/or export.

ORDER ACCEPTANCE

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). We reserve the right, in our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.

PRICING

The prices displayed on the Site are quoted U.S. Dollars and are valid and effective only in the United States. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Site at the time of your order. Product availability and prices are subject to change. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update product pricing, availability or other information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order. Our shipping and processing charges are intended to compensate us for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to also review detailed information about our shipping and processing fees.

PRODUCT DESCRIPTIONS

DIHP makes all reasonable efforts to display the products listed for sale on its Site as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. DIHP cannot guarantee that your monitor’s display of any product color, texture or detail will be accurate. In addition, DIHP does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While DIHP makes every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, DIHP reserves the right to refuse sale of that item. If the pricing error is discovered after payment has been finalized, DIHP reserves the right to cancel the sale and refund the transaction in full. If a product offered by

 

DIHP is not as described, your sole remedy is to return it in unused condition.

SPECIAL OFFERS

Occasionally, we may offer special promotions to our customers that we refer to as “special offers” or “special offer”. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.

GEOGRAPHIC RESTRICTIONS

We are based in the United States. Access to the Site may not be legal by certain persons or in certain countries, and our products may only be available for purchase and delivery in certain countries. When you access the Site, you do so on your own initiative and are responsible for compliance with local laws.

INTELLECTUAL PROPERTY

The Site, including all of its information and contents such as photographs, images, text, data, wallpapers, icons, characters, artwork, graphics, page layout, form, music, sound, messages, software and the code used to generate the pages on the Site (collectively, the “Content“), is the property of DIHP or that of our authorized suppliers, licensors, or vendors and is protected by intellectual property and other applicable laws in the United States and/or abroad. Our intellectual property is registered in the United States and abroad. Except as otherwise provided on the Site or in these Terms, you may not download, upload, copy, print, display, reproduce, publish, license, post, distribute, or otherwise use any Content from the Site in whole or in part for any public or commercial purpose without our specific prior written permission. We are the owner and/or authorized user of the DIHP brand as well as any other registered or unregistered trademarks, trade dress, trade names, logos, designs, titles and product names appearing on the Site, and is the copyright owner or licensee of the Content on the Site, unless otherwise indicated. You may not use any metatags or any other “hidden text” utilizing any of our names or trademarks without our express written consent.

You agree not to infringe any title, ownership and intellectual property rights of DIHP or any third parties. You hereby agree to indemnify and hold us harmless in the event of any claims of breach of intellectual property rights by or through your use of the Site and any content contained therein (or other material as set forth above). All rights not otherwise claimed under these Terms or by us are hereby reserved.

YOUR USE OF THE SITE

We grant you a personal, limited, non-exclusive, nontransferable license to access and make personal non-commercial use of the Site and the Content and other information contained on the Site. This license does not include any resale or commercial use of the Site; any collection and commercial use of any photographs or other Content published on the Site; any non-personal use of our product names, listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site or the Content for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may use the Site only as permitted by law. All rights not expressly granted to you in these Terms are reserved and retained by us and/or our suppliers and licensors. The licenses granted by us to you automatically terminate if you do not comply with these Terms.

You agree to use the Site for your personal use only and shall in no event use any of the information, text, images, graphics, video clips, sound, directories, files, databases, listings etc. obtained on or through the Site for commercial purposes of any sort, nor for copying, reproducing, downloading, compiling whether directly, indirectly. Use of any content on the Site for purposes other than as permitted in these Terms is prohibited.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms. You warrant, represent and agree not to use the Site:

 

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 U.S. 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 personal information or otherwise.

To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

To impersonate or attempt to impersonate DIHP, an employee or agent of ours, another user or any other person or entity, including, without limitation, by using email addresses, telephone numbers, or screen names associated with any of the foregoing, or otherwise submitting false information.

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or visitors or users of the Site or expose them to liability.

To post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable.

Additionally, you warrant, represent and agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Site.

Introduce any viruses, trojan horses, worms, logic bombs or other material, code or program which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

Attempt to gain unauthorized access to any personal information that may be contained on the Site, the server on which the Site is stored, or any server, computer, database or information system connected to the Site.

Collect, store or use personal information about other users of the Site without their consent.

Attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site.

Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site.

Otherwise attempt to interfere with the proper working of the Site.

 

Violate, infringe, or misappropriate any other person’s or company’s intellectual property, privacy, publicity, or other legal rights;

Advocate, encourage, or assist any third party in doing any of the foregoing.

USER GENERATED CONTENT

The Site may allow you to upload, submit, store, send, or receive content and data such as comments, reviews, text, video and photos (“User Generated Content“). You may also submit User Generated Content in the other ways that you interact with us such as through social media, by email, by phone, and otherwise. You are solely responsible for your own User-Generated Content and the consequences of posting or publishing it to the Site. We do not endorse any User-Generated Content or any opinion or recommendation expressed therein. We may refuse to accept or transmit User Generated Content for any reason with or without notice. We may remove User Generated Content from the Site for any reason with or without notice.

When you upload, post, submit, send, or receive any User Generated Content to or through the Site, you give us a perpetual, worldwide, non-exclusive, irrevocable, fully-paid, royalty-free, fully sub-licensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Generated Content, in whole or in part, including future rights that we (including any successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You grant us and sublicensees the right to use the name that you submit in connection with such User-Generated Content, if they choose.

You further promise that:

you own all rights to your User Generated Content or, alternatively, that you have the right to give us the rights described above;

your User Generated Content shall not contain or constitute viruses, political campaigning, commercial solicitation, affiliate links, chain letters, mass mailings or any form of “spam;

your User Generated Content shall not be illegal, obscene, threatening, defamatory, constitute an invasive of privacy or infringement of any intellectual property rights, or otherwise be objectionable or injurious to third parties;

your User Generated Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; and

You shall not use a false email address or identity, or impersonate any person, or otherwise mislead us as to the source, origin, author or submitter of any User Generated Content.

We have the right, but not the obligation, to monitor and edit or remove any activity or User Generated Content. We take no responsibility and assumes no liability for any User Generated Content. By posting User Generated Content, you agree to indemnify us for all losses resulting from any claims related to or arising out of the User Generated Content that you supply, as further explained under the section below titled “Indemnity”.

You also agree further that we are not responsible and shall have no liability to you for any User Generated Content posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material or content rests entirely with you.

If you do submit or otherwise transmit to us User Generated Content or any other communications or

 

documents that may constitute comments or suggestions, you should be aware that DIHP‘s policies do not permit us to accept or consider business or creative ideas, suggestions, inventions or materials other than those that we have specifically requested. DIHP values your feedback on our products and our service but requests that you provide only specific feedback in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments, creative ideas, or suggestions that you submit as User Generated Content or otherwise send to DIHP will become the property of DIHP and shall not be subject to any obligation of confidentiality on the part of DIHP. DIHP shall not be liable for any use or disclosure of any such feedback, comments or suggestions. DIHP shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.

USE OF SOCIAL MEDIA TAGS

When you use social media tags (such as on Instagram, Facebook, Linkedin, TikTok or X) that identify or are associated with DIHP, including without limitation @deserthorsepark, @desertinternationalhorsepark, @teamdeserthorsepark, @dogsofdeserthorsepark, @roadrunnerssmlsj, @_limitlessdihp, #deserthorsepark, #seeyouinthedesert or any other similar social media tag in any way related to us, you agree to provide us with an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, fully paid-up, transferable, worldwide license to reproduce and use the uploaded content, including image(s), in our (or our sublicensees’) marketing materials and through all social media channels.

COPYRIGHT NOTICE

All of the Content you see on the Site, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text is the exclusive property of DIHP and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by us, by one of our affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to us. The entire Content of the Site is copyrighted as a collective work under U.S. and other applicable copyright laws, and we own a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the Site, and the Site as a whole, are intended solely for the personal and non-commercial use of the users of our Site. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to us. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. We reserve complete title and full intellectual property rights in any Content you download from this Site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of DIHP.

Notice of Copyright Infringement

We respect the intellectual property rights of others. Please notify us in writing by mail or email to our designated agent listed below if you believe that a user of our Site has infringed your copyright. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”), to be effective the notification should include:

identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

identification of the claimed infringing material and information such as a URL or other Site location

 

reasonably sufficient to permit us to locate the material on our Site;

information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and;

your physical or electronic signature, or if you are authorized to act on the copyright owner’s behalf, said copyright owner’s signature.

Please send all notices under the above copyright infringement policies to our agent for receipt of notifications of claimed infringement:

Attention: Copyright Agent
Desert International Horse Park

P.O. Box 5700

La Quinta, CA 92248

Email: copyright@deserthorsepark.com

If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that materials on the Site are infringing a copyright.

Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our Site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

Counter-Notice by Accused User

If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by mail or email to our designated agent below. That written communication should include the following:

your physical or electronic signature;

identification of the material that has been removed or to which access has been disabled and the URL or other Site location at which the material appeared before it was removed or access to it was disabled;

a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the United States District Court for the Central District of California, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

 

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

Please submit counter notifications to our agent for receipt of notifications of claimed infringement:

Attention: Copyright Agent
Desert International Horse Park

P.O. Box 5700

La Quinta, CA 92248

Email: copyright@deserthorsepark.com

You acknowledge that if you fail to comply with all of the above requirements, your DMCA counter notification will not be valid. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys’ fees.

Repeat Infringers

Your account may be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

OPEN SOURCE

The Site may include open source components, which are licensed for use and distribution under applicable open source licenses. Use of any open source components is governed by and subject to the terms and conditions of the applicable open source license.

LINKS TO OTHER WEBSITES

The Sites may contain links to third-party websites (“Other Sites”) that are not under our control. We make no claim and accept no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Site or link to the Site. We provide these links to you as a convenience and the inclusion of any link does not imply endorsement by us of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.

OUTAGES

We periodically schedule system downtime for the Site for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and are not liable for: (a) the unavailability of any part of the Site; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting the Sites, any Internet service providers or otherwise.

RISK OF LOSS

 

All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

INACCURACY DISCLAIMER

From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We endeavor to be as accurate as possible, however mistakes and omissions do happen. We do not warrant that product descriptions or other content on the Site are all accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. 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 materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users (see User Generated Content), third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. 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.

INDEMNITY

To the fullest extent permitted by applicable law, You agree to indemnify and hold us, our partners, members, directors, officers, Affiliates, agents and licensors harmless from any claims costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, made by any third party due to or arising out of (i) your use of the Site, including any User Generated Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms, (iii) your infringement of the intellectual property rights of any third party; (iv) your violation of any rights of another user; and (v) your violation of any applicable law, rule or regulation. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

DISCLAIMER & LIMITATION OF LIABILITY

THIS SITE AND ALL CONTENT AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS SITE THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT DIPH AND ITS PARTERS, OFFICERS,

 

EMPLOYEES, DIRECTORS, SHAREHOLDERS, OWNERS, LLC MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE OR OUR MOBILE APPLICATIONS.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIPH AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF THE SITE OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIPH AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DIPH OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITE OR MOBILE APPLICATIONS, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS

You and DIHP agree that, except as set forth below, we will resolve any disputes between us (including any disputes between you and a third-party agent of DIHP) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of DIHP (a “Claim”) will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The place of arbitration shall be Riverside County, California. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these

 

Terms is void or voidable.

Sole Exceptions To Arbitration

Notwithstanding the foregoing, in lieu of arbitration: (1) either you or we can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Jury Trial And Class Action Waiver

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration you and we each waive any right to a jury trial. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Waiver of Rights under California Civil Code Section 1542. You expressly acknowledge and agree that you have been made aware of and understand, the provisions of California Civil Code Section 1542 (“Section 1542”), which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You expressly, knowingly, and intentionally waive any and all rights, benefits, and protections of Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release.

 

In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes to Section 1542 and principles of common law or any other state laws as it pertains to the enforcement of the waivers provided in these Terms.

This Section of the Terms will survive the termination of your relationship with DIHP.

GOVERNING LAW

You and we agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of the State of California apply, without regard to its principles of conflicts of law.

TERMINATION

Your ability to access and use the Site remains in effect until terminated in accordance with these Terms. You agree that DIHP, in its sole discretion, may terminate your account and your use of the Site and may remove and delete your User Generated Content if we believe that you have violated or acted inconsistently with these Terms or for any other reason. We also may in our sole discretion, and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice and you acknowledge and agree that we may bar any further access to the Site. Further, you agree that we will not be liable to you or any third-party for any termination of access to the Site.

The provisions of the sections of the Terms entitled ELECTRONIC COMMUNICATIONS, REPRESENTATIONS & WARRANTIES; DISCLAIMERS; LIMITATIONS ON LIABILITY, INTELLECTUAL PROPERTY, YOUR USE OF THE SITE, PROHIBITED USES, USER GENERATED CONTENT, USE OF SOCIAL MEDIA TAGS, COPYRIGHT NOTICE, RISK OF LOSS, RELIANCE ON INFORMATION POSTED, INDEMNITY, DISCLAIMER & LIMITATION OF LIABILITY, ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS, GOVERNING LAW, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms.

OTHER PROVISIONS

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. These Terms set forth the entire Agreement between you and DIHP with respect to use of the Site and supersede any prior agreements between you and us relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. DIHP’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our 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 us with respect to such use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year

 

after such claim or cause of action arose or be forever barred. A printed version of these Terms and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.

The Site is operated by DIHP in United States. DIHP makes no representations that the contents of any of the Site are appropriate or available for use in other locations. Visitors who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local law.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

ACCESSIBILITY

We strive to make our Site content accessible and user-friendly. If you are having difficulty viewing the content on this Site or navigating the site, please email our team at info@deserthorsepark.com, and we will be happy to assist you.

VIOLATIONS

Please report any violations of these Terms to us by emailing us here.

QUESTIONS?

If you have questions, comments or complaints about these Terms or the Sites, please email us here.