Welcome to **The Pond!**
Last update: 31 March 2024
Welcome to _**[https://thepond.alexanderjgill.com](https://thepond.alexanderjgill.com) **_(“_Site_”). The Site is comprised of various web pages, services and/or products operated and/or sold by **DARK HORSES USA** (“Dark Horses USA”, “us” or “we”). The Site is offered to you based on your acceptance without modification of the terms, conditions and notices contained herein (the “_Terms_”). Your use of the Site constitutes your agreement to all such terms. By visiting the Site and/or engaging the services and/or purchasing the products of Dark Horses USA, you, the User, engage in our “_Solutions_” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.
We encourage you to read these terms carefully and keep a copy of them for your reference. If you do not agree to all the Terms, then you may not access the Site or use any services offered by Dark Horses USA. Dark Horses USA reserves the right to update, change and/or replace any part of these Terms by posting updates and/or changes on the Site. Use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of such changes.
### **Privacy Policy**
Your use of the Site is subject to Dark Horse USA’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
### **Electronic Communication**
Visiting the Site or sending emails to Dark Horses USA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
The Site may include certain features or solutions that are available via your mobile phone (“_Mobile Services_”). You may have the option to provide your mobile number in the registration process as part of your contact information. By using the Mobile Services of Dark Horses USA by providing your mobile number as a contact point, you agree that Dark Horses USA may communicate with you by short message service (“_SMS_”), multimedia messaging service (“_MMS_”), text message and/or any other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Dark Horses USA. You understand that your carrier’s normal messaging, data and other rates and fees will apply to these Mobile Services and other communications.
### **Age Restrictions**
You must be at least 13 years old or the minimum age required in your country to consent to these Terms and use the Site. If you are under the age of 18 you must have expressed permission of your parent or legal guardian to use the Site.
### **Links to Third-Party Sites and/or Third Party Services**
The Site may contain links to other websites (“_Linked Sites_”). The Linked Sites are not under the control of Dark Horses USA and Dark Horses USA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Dark Horses USA is providing these links as a convenience for users, and the inclusion of any link does not imply endorsement by Dark Horses USA of the site or any association with its governance.
Some solutions made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality from the Site, you hereby acknowledge and consent that Dark Horses USA may share such information and data with any third party with whom Dark Horses USA has a contractual relationship to provide the requested product, service and/or function on behalf of the Site’s users and customers.
### **Accuracy, Completeness and Timeliness of Information**
We are not responsible if information on the Site is not accurate, complete and/or current. Any and all material on the Site is provided for general information only and should not be dependent upon or used as the sole basis for making decisions. Any dependency on the material on the Site is at the user’s own risk.
### **Modifications to Solutions and/or Pricing**
Prices for our services are subject to change without notice. Dark Horses USA reserves the right at any time to modify and/or discontinue the services it offers (or any part or content thereof) without notice at any time. Dark Horses USA shall not be liable to any users of the Site for any modification, price change, suspension and/or discontinuance of the services and solutions it offers.
### **Solutions/Services**
Dark Horses USA reserves the right to limit the rendering of its solutions to any person, geographic region and/or jurisdiction. Dark Horses USA may exercise this right on a case-by-case basis. All descriptions of services, solutions, service pricing on the Site is subject to change at any time without notice at the sole discretion of Dark Horses USA. Dark Horses USA does not warrant that the quality of its services and/or information obtained by a user of the Site will meet the user’s expectations or that any errors in the services offered by Dark Horses USA will be corrected.
### **User Content**
By accessing the Site, you may provide and/or post content (“_User Content_”) and/or share it with other users. Subject to any licenses and rights expressly granted herein, any User Content posted by you, is owned by you.
You are solely responsible for any User Content you post, publish, display or transmit to others. We may, but are not obligated to, monitor or review any User Content (unless required by law). We retain the right to remove any or all User Content without explanation, including User Content that, in our sole discretion, violates these Terms.
By uploading User Content, you grand Dark Horses USA, and represent that you have all rights and authority necessary to grant, a royalty-free, perpetual, irrevocable, and unrestricted right and worldwide license to use, reproduce, display, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such User Content, and/or to incorporate it in other works in any form, media, or technology. You also agree that Dark Horses USA is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose. Do not send Dark Horses USA any proprietary ideas, suggestions and/or content that you wish to keep confidential or for which you expect to receive compensation.
### **Accuracy of Billing Information**
Any and all users of the Site agree to provide current, complete and accurate payment information. Any and all users of the Site agree to promptly update their payment information, including, but not limited to, their email address and/or credit card numbers (if applicable) and expiration dates so Dark Horses USA may complete transactions and contact users as needed.
### **Payment & Billing**
All prices are quoted in the denomination stated. To make a purchase, you must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“_Payment Provider_”). Your Payment Provider agreement governs your use of the designated payment option, and you must refer to that agreement and not these Terms to determine your rights and liabilities. By providing Dark Horses USA with your credit card number and associated payment information, you hereby authorize Dark Horses USA to immediately charge your credit card for all fees and charges due and payable to Dark Horses USA hereunder or credit your Payment Provider for any refunds owed and that no additional notice or consent is required. You agree to immediately notify Dark Horses USA of any change in your billing address or the Payment Provider used for payment hereunder. Dark Horses USA reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Site or by e-mail delivery to you.
### **Unlawful or Prohibited Use**
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Dark Horses USA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Solutions, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Dark Horses USA and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, or participate in the transfer or sale, create directly competing solutions, or in any way exploit any of the content, in whole or in part, found on the Site. Dark Horses USA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and specifically you will not delete or alter any proprietary any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the expressed written permission of Dark Horses USA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, expressly or implied, to the intellectual property of Dark Horses USA except as outlined by these Terms.
### **International**
The Site is controlled, operated and administered by Dark Horses USA from within the United States of America. If you access the Site from a location outside of the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Dark Horses USA content accessed through the Site in any country or in any region or manner prohibited by any applicable laws, restrictions or regulations.
### **Indemnification**
You agree to indemnify, defend and hold harmless Dark Horses USA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or solutions, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Dark Horses USA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will fully cooperate with Dark Horses USA in asserting any available defenses.
### **Class Action Waiver**
Any arbitration and/or legal proceeding under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are expressly prohibited. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any reputed class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Dark Horses USA agree otherwise, the arbitrator and/or judge may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
### **Liability Disclaimer**
The information and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Dark Horses USA may make any improvements, re-structuring and/or alterations of the Site at its sole discretion an at any time.
Dark Horses USA makes no guarantees about the suitability, consistency, accessibility, timeliness, and accuracy of the information and/or solutions provided by for any purpose whatsoever. As permitted by applicable law, all such information, products, solutions and services are provided “_**as is**_” without warranty or condition of any kind. Dark Horses USA hereby disclaims all warranties and conditions with regard to this information and services, including all implied warranties or conditions of merchantable products, services or solutions.
As permitted by applicable law, in no event shall Dark Horses USA be liable or held accountable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever; including, without limitation, damages for loss of access, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related solutions, the provision of or failure to provide solutions, or for any information and solutions obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, wrongdoing, negligence, strict liability or otherwise, even in the event Dark Horses USA has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied or disagree with any portion of the Site, or with any of these Terms, you must discontinue using the Site.
### **Right to Terminate**
Dark Horses USA reserves the right, at its sole discretion, to terminate your access to the Site and any related services, solutions, products or any portion thereof at any time, without notice. Re-instatement of use is solely up to the discretion of Dark Horses USA and/or its governing officers.
If you wish to retrieve data from a suspended or terminated account, we may attempt to recover the data from the most recent backup for a fee. Dark Horses USA does not guarantee the availability, completeness, or timeliness of the data recovered due to varying circumstances. All requests must be made via the email address provided herein and include expressed preliminary approval of any fees assessed or derived from the request.
### **Governing Law**
As permitted by applicable law, this agreement is governed by the laws of the _State of Arizona_, and you hereby consent to the exclusive jurisdiction and venue of courts in the _State of Arizona_ in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction or location that does not give effect to all provisions of these Terms, including, without limitation, this section.
### **Extended Provisions**
Unless otherwise specified herein, this agreement establishes the entire agreement between the user and Dark Horses USA with respect to the Site and it supersedes all prior communications/proposals, whether electronic, oral, auditory or written, between the user and Dark Horses USA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
### **Changes to Terms and Conditions**
Dark Horses USA reserves the right, in its sole discretion, to change the Terms herein which this Site is offered. The most current version of the Terms will supersede all previous versions. While Dark Horses USA will require your acceptance of any material changes to the Terms, it is highly encouraged to periodically review the Terms to stay informed of updates.
### **Email Communication**
The email address used to register with this App will be used to communicate important information about your account, updates to the community and exclusive solutions offered by Dark Horses USA. Email lists can be unsubscribed from at any time via the link at the bottom of the email you wish to unsubscribe from.
### **Contact Us**
Dark Horses USA welcomes your questions or comments regarding these Terms. If you believe that in any way Dark Horses USA has not adhered to these Terms, please contact via email at [support@alexanderjgill.com](mailto:support@alexanderjgill.com) or mail to:
> **DARK HORSES USA**
>
> 1642 McCulloch Blvd N Ste 2015
>
> Lake Havasu City, AZ 86403