The following are terms of a legal agreement between you and EquiTreks, Inc., a California corporation ("EquiTreks"). By clicking on "I Agree," you acknowledge that you have read, understood and agree to be bound by these terms. If you do not agree to these terms, do not click on "I Agree."

You hereby represent and warrant that you are at least 18 years of age or older and have the legal capacity to enter into this agreement on behalf of yourself, your heirs, successors and assigns (collectively, the “User Parties”).

You agree that you will not be entitled, for any reason, to a refund of any amounts paid to EquiTreks after you have downloaded or otherwise accessed the EquiTreks Materials (or any portion thereof).

4.1

Limited License. Pursuant to this agreement, you may access only the documents and information that you have purchased or that are available to the general public at no charge through the websites located at www.equitreks.com and www.equitreks.net and all related pages (collectively, the "EquiTreks Website").

4.2

Personal Use Limitation. All documents and materials on the EquiTreks Website, including any documents, photographs, emails and other materials you may access or receive in connection with this agreement (collectively, "EquiTreks Materials"), are strictly for your personal and non-commercial use. You may not copy (except for your own personal use), distribute, display, reproduce, publish, license, create derivative works from, transfer, or sell any EquiTreks Materials. In particular, you may not post EquiTreks Materials on any website or network or forward the EquiTreks Materials via email or any other means.

4.3

Assumption of the Risk and Release of Liability Associated with Accessing and Use of EquiTreks Materials. You agree to assume all risks associated with accessing and using the EquiTreks Website, including but not limited to injury, death or property damage associated with the following. Before purchasing any EquiTreks Materials, you agree that you have carefully reviewed the trail attribute information provided by EquiTreks and determined that you, your equines and your companions have the requisite skill, experience and fitness level for the trail(s) you have selected. All trail-related information provided in the EquiTreks Materials has been submitted by individual users and not by EquiTreks. EquiTreks does not provide ratings of trail reports. Therefore, its accuracy may vary greatly and the content is highly subjective in nature. Information provided in the EquiTreks Materials may be partially or wholly inaccurate, outdated or otherwise unreliable, such as photographs, maps, GPS coordinates, elevation, driving directions, time to complete trail, trail conditions, terrain, trail access, parking, water availability and access, restrooms, trail obstructions, water crossings, bridge crossings, other trail users, wildlife, history, points of interest, lodging, camping, costs and fees, cell phone reception, dog policies, weather conditions, suggested skill level, experience and conditioning of horse and rider. Accordingly, you agree that you are solely responsible for independently verifying any information that is or may be important to you, particularly information that may affect the safety of you, your equines or your companions. On behalf of the User Parties, you expressly assume all risks of accessing the EquiTreks Website and using the EquiTreks Materials, including the risk that EquiTreks and/or its shareholders, officers, directors, employees, agents or contractors (collectively, the "EquiTreks Parties") may be negligent. Accordingly, you agree on behalf of the User Parties not to sue the EquiTreks Parties or otherwise make a claim against such parties in connection with your access to the EquiTreks Website and/or your use of the EquiTreks Materials.

4.4

Assumption of Trail Riding Risks and Release of Liability. You understand that riding horses outside of designated riding areas such as arenas and round pens ("Trail Riding"), including riding horses on trails and paths and in open country, is inherently dangerous. In particular, horses may become spooked by traffic, wild animals, other horses or other hazards, causing you to fall off or otherwise become injured or die. Horses may also stumble or trip over natural or manmade obstacles, injuring you and/or your horses. You understand that EquiTreks does not inspect or maintain any trails or paths, and EquiTreks makes no warranty whatsoever regarding the safety of paths and trails. On behalf of the User Parties, you understand and expressly assume all risks associated with Trail Riding, and agree not to sue the EquiTreks Parties or otherwise make a claim against such parties in connection with Trail Riding.

4.5

Agreement to Indemnify EquiTreks. On behalf of the User Parties, you agree to defend, indemnify and hold the EquiTreks Parties harmless against all claims, demands, and causes of action, including court costs and attorneys' fees, directly or indirectly arising from any action or other proceedings brought by or prosecuted for the benefit of any of the User Parties or brought by others in connection with any action or inaction taken by you.

4.6

Waiver of Unknown Claims. On behalf of the User Parties, you specifically acknowledges that there is a risk that, subsequent to your acceptance of this Agreement, you may incur, suffer or sustain injury, loss, damage, costs, attorneys' fees, expenses or any of these, which are in some way caused by and/or connected with Sections 3.3 or 3.4 above, or which are unknown and unanticipated at the time you accept this Agreement, or which are not presently capable of being ascertained. You further acknowledge that there is a risk that such damages as are known may become more serious than you now expect or anticipate. Nevertheless, you acknowledge that this Agreement has been negotiated and agreed upon in light of those risks and you hereby expressly waive all rights the User Parties may have in any such unknown claims. In doing so, you have been advised of, understand, and knowingly and specifically waives the User Parties’ rights under California Civil Code Section 1542 which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

4.7

Copyright Protection. The EquiTreks Website and the EquiTreks Materials are protected by law, including but not limited to, United States copyright law and international treaties.

4.8

Disclaimer of Warranties. EquiTreks makes no warranties, express or implied, regarding the EquiTreks Materials or the EquiTreks Website. In particular, EquiTreks specifically disclaims any warranties of merchantability or fitness for a particular purpose.

4.9

Third-Party Links. EquiTreks provides links to other websites and references to products and services offered by third parties as a convenience to you. Except as may be indicated, EquiTreks does not control third party websites, products or services. Links to other websites or references to third party products or services are not endorsements by EquiTreks.

This agreement is governed by the laws of the State of California. All claims pursuant to this agreement must be brought in Madera County, California.

EquiTreks, Inc.
P.O. Box 1498
North Fork, CA 93643

This agreement constitutes the entire agreement between you and EquiTreks with respect to the EquiTreks Materials and the EquiTreks Website. From time to time, EquiTreks may modify this Agreement by posting changes or a new Agreement to the EquiTreks Website, and you will be bound by such revised or replaced Agreement.

In any legal actions brought in connection with this Agreement, the prevailing party will be entitled to prompt payment of expenses from the other party(ies) following final adjudication in favor of the prevailing party. For the purposes of this section, “expenses” shall including the following costs actually incurred by the prevailing party: attorneys’ fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees and all other disbursements.

If any provision of this Agreement or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application. In lieu thereof, there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable.