Welcome to the web site of Wildhorse Distributing, LLC. (“Wildhorse”, “we”, “us”, or “our”).  Any services or products presented on this website (“Site”) are provided subject to the terms and conditions set forth herein.  In addition, anyone who visits the Site (“you” or “your”), hereby agrees to be bound by these terms and conditions as in effect at the time of your visit.  Please read them carefully.  IF YOU DO NOT AGREE TO AND ABIDE BY THESE TERMS AND CONDITIONS OF USE, YOU ARE NOT AUTHORIZED TO USE THIS SITE.    

PRIVACY

You should review the terms and conditions of our Privacy Policy as set forth on the Site, by which you also agree to be bound as a condition of visiting or accessing any products or services presented on the Site.

OUR COMMUNICATIONS WITH ONE ANOTHER

When you visit the Site or send e-mails to us in connection with such visits, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclaimers, disclosures and other communications that we provide to you electronically satisfy any and all legal requirement that such communications be in writing.

COPYRIGHT

All images, text, graphics, logos, icons, content, and other works of authorship included on the Site, and all software and computer code related thereto or used in connection therewith (collectively, along with the Site and Marks (defined below), “Wildhorse Property”), are and shall remain the sole and exclusive property of  Wildhorse or its third-party suppliers, as the case may be, and are protected by United States and international copyright and other intellectual property laws and treaty provisions.  Except to the extent expressly set forth herein, nothing in connection with your visit to the Site or otherwise is intended to or shall grant you any rights in any Wildhorse property.     

TRADEMARKS

Depicted on the Site are certain trademarks, service marks, or trade dress of Wildhorse or its affiliates, some or all of which are registered in the United States (collectively, along with all related registrations, registration applications, and goodwill, “Marks”).   No trademarks, service marks, or trade dress of Wildhorse or its affiliates, including without limitation, the Marks, shall be used for any commercial or other purposes by any party other than Wildhorse or such affiliates without the prior written consent of Wildhorse.  Any and all other trademarks and service marks not owned by Wildhorse or its affiliates that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wildhorse or any of its affiliates.  All uses of the Marks and goodwill deriving therefrom shall inure to the sole and exclusive benefit of Wildhorse and its affiliates.

CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the copyright and other intellectual property rights of others and request that you do the same in connection with your visit to the Site.  If you believe that a copyrighted work has been used on the Site in a way that constitutes copyright infringement, please notify us by following the procedure set forth in the immediately following paragraph.  Upon receipt of any bona fide claim of copyright infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing subject matter from the Site pending our investigation.        

Notice and Procedure for Making copyright infringement Claims

If you believe that a copyrighted work has been used on this Site in a way that constitutes copyright infringement, please provide to Wildhorse’s agent in writing the information specified below.  Please note that this procedure is exclusively for notifying Wildhorse of your belief that a copyrighted work has been infringed.

• A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right of copyright that is allegedly infringed;
• A description of the copyrighted work (or, in the event more that one (1) work is involved, a representative list of such works) that you claim has/have been infringed;
• A description of the Site location of the claimed infringing subject matter, including the ID number, if applicable, that contains sufficient detail for Wildhorse to locate that subject matter on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the claimed infringing use is not authorized by the copyright owner, its duly authorized agent, or the law;
• A statement by you that the above information in your notice is accurate, and under penalty of perjury, that you are the owner of the allegedly infringed copyright rights copyright or are duly authorized to act on such owner’s behalf.

Wildhorse’s agent for purposes of receipt of notice of copyright infringement claims relating to the Site can be reached as follows:

Wildhorse Distributing, LLC
1304 Annapolis Drive
Raleigh, NC 27608
Attn.:  Mark Schueller
Phone: (919) 821-4560
e-mail:  mschueller@usleaf.com

If you believe that Wildhorse has improperly removed or disabled access to any information, content, or other material on the Site in response to a claim of copyright infringement as described above, you may send a counter-notification to the agent identified above.  Any such counter-notification must include the following information:

• Your physical or electronic signature;
• A description of the information, content, or other material that was improperly removed or to which access was improperly disabled and the location on the Site at which such information, content, or other material appeared before it was removed or access to it was disabled;
• A statement made by you under penalty of perjury that you have a good-faith belief that the information, content, or other material was removed or disabled as a result of mistake or misidentification of such information, content, or other material to be removed or disabled;
• Your name, address, and telephone number and a statement that (i) you consent to the jurisdiction of the federal district court for the judicial district in which such address is located or, if your address is outside the United States of America, to any judicial district in which Wildhorse may be found, and (ii) you will accept service of process from the  person who sent Wildhorse notification of the copy right infringement claim pursuant to the procedure described above or an agent of such person.

LICENSE AND SITE ACCESS

Wildhorse grants you a limited, revocable, nonexclusive license to access and make personal use of the Site; however, you are not permitted to download (other than page caching) or modify the Site or its contents, or any portion thereof, without the prior written consent of Wildhorse. This license does not include any resale or commercial use of the Site or commercial use of its contents, or any portion thereof, and Wildhorse reserves to itself or its third party suppliers, as the case may be, all rights in the Site and Wildhorse Property not expressly granted to you herein.  The Site, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of Wildhorse.  You may not frame or utilize framing techniques to enclose any Mark or other Wildhorse Property or proprietary information without Wildhorse’s prior written consent. You may not use any meta-tags or any other “hidden text” utilizing  Wildhorse’s name or Marks without the prior written consent of Wildhorse.  Any use of the Site or other Wildhorse Property that is not expressly authorized herein is prohibited and immediately terminates the license and other rights, if any, granted to you herein by Wildhorse.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Wildhorse and its affiliates, and its and their officers, directors, employees, contractors, agents, representatives, licensors and suppliers, from and against any and all claims, actions, demands, suits, and proceedings, and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, in connection therewith that arise out of result from (i) any violation of these Terms and Conditions of Use or (ii) any act or omission by or on behalf of you that gives rise to a disruption to the Site or the systems transmitting the Site to you or others.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND YOUR ACCESS THERETO IS MADE AVAILABLE BY WILDHORSE “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND WILDHORSE MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES AS TO (I) THE SITE AND OPERATION THEREOF AND ALL INFORMATION, CONTENT, MATERIALS, AND WILDHORSE PROPERTY THEREON OR USED IN CONNECTION THEREWITH; AND (II) YOUR ACCESS TO AND USE OF ANY AND ALL THE FOREGOING IN SUBSECTION (I), AND YOU EXPRESSLY AGREE THAT YOUR ACCESS TO AND USE OF, OR INABILITY TO USE, THIS SITE, AND ANY RELIANCE BY YOU ON INFORMATION OR OTHER CONTENT INCLUDED ON THE SITE,  ARE IN ALL RESPECTS AT YOUR SOLE RISK.    

WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WILDHORSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. WILDHORSE DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR ANY E-MAIL OR OTHER COMMUNICATIONS SENT FROM OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  IN NO EVENT SHALL WILDHORSE BE RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, TIMELINESS, OR ANY OTHER ASPECT OF THE INFORMATION OR OTHER CONTENT INCLUDED ON THE SITE.  WILDHORSE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM ACCESS TO OR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting the site, you agree that the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Wildhorse relating thereto.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy, posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to our Site, policies, and these Terms and Conditions of Use at any time and in our sole discretion; therefore, you should, and you acknowledge and agree that it is your responsibility to, review those policies, terms, and conditions each time you visit the Site. Your continued use of the Site after we make any such changes constitutes your binding acceptance of those changes.  If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

CONTACT US

Wildhorse Distributing, LLC
1304 Annapolis Drive
Raleigh, NC 27608
Phone: (919) 821-4560
e-mail: mschueller@usleaf.com