Live Fund Raising Events
With supporting text below as a natural lead-in to additional content.
Go somewhereAll The Latest From Twitter!
Horse Rescue Updates
With supporting text below as a natural lead-in to additional content.
Go somewhere
Mugs
FreshStart Gift Shop
Your Profile
In our minds, Glorious Alliance was the finest thoroughbred horse we ever knew. Although she was of two minds about continuing to race, she was of only one mind in pursuing her long, glorious life, enjoying her beloved pastures and her adventures in jumper rings at AA horse shows throughout Southern California and Calgary, Canada. We gave her the finest care and the most love that any former thoroughbred race horse could hope to have and Glory reciprocated that love in countless ways for every day of her existence on this Earth.
Glory's good graces, passion for competition and limitless love of life set a standard that we felt we had to honor by founding Fresh Start as a tribute to her legacy. We know that Glory would have wanted all her thoroughbred cousins to enjoy the quality of life she did during her "retirement" years.
If you love the sport of racing, if you love thoroughbred horses, their history and inimitable spirit, we ask you to join us and our now Heavenly founder, Glorious Alliance, in what we have decided will be a lifelong effort to ensure that every off-the-track thoroughbred horse in need will receive a fully-funded retirement, rehabilitation and training program suited to their condition and talents.
Karen R. Graninger
Founder, Fresh Start Thoroughbred Lifecare, Inc.
Chairperson of the Board
President
Current Fundraising Projects!
Meet our current roster of outstanding horses looking for a forever home and the chance to train for a new career!
Once the initial acquisition costs and estimated monthly expenses for a horse's retirement have been determined, there are essentially two ways of funding those costs. The first is the "pay-as-you-go" method, the de facto standard which assumes that all retirement costs will be paid currently, as they arise. The problem with this approach is that there is no assurance that the required funds will remain available for the horse's ongoing care over time, if for example, as is so often the case, the owners sell the horse on, their financial circumstances change, or rising costs negatively affect the quality of the horse's care. The result can be mistreatment or harm to the horse and ultimately, its euthanization, whether by slaughter, or as a result of its declining health.
The second method, which has not been widely employed to date, but should be, is to fund the horse's retirement in advance, through the purchase of an annuity or the funding of a retirement account, which might include an insurance element as well, to guarantee that financial resources will be available over time for the horse's care during its 'natural' lifetime.
Even with the best of care, however, a horse's 'natural' lifetime is very different than a human's, largely because many of the life-saving medical procedures available for preserving human life do not exist for horses. This is due to a variety of practical factors, including a lack of appropriate clinical research and physical restrictions on surgery, recovery and rehabilitation applicable to horses, given their size, weight, and circulatory systems. This is why euthanization has become the typical and most humane outcome for horses suffering from any medical condition, whether genetic or caused by mistreatment or accident, that cannot be effectively treated, given current equine medical knowledge.
The practical consequence of all this is that the retirement costs for the vast majority of thoroughbred horses bred for racing in the United States are not in fact funded. This leaves the responsibility for bearing these expenses to chance, as opposed to the horses' breeders and/or owners, exposing the horses to a "retirement" future of potential mistreatment and/or euthanization . Fresh Start believes this situation needs to change, and change quickly, if the sport of horse racing hopes to maintain, much less increase, its public support.
The tables below illustrates the actual present value cost of funding a horse's retirement, based on two different type of retirees, projected average interest and inflation rates over a 10, 15, and 20 year life span.
| Years of Monthly Annuity Payments | 20 |
| Estimated Gross Interest Rate | 5.5% |
| Estimated Admin Expenses | 1.0% |
| Net Investment Yield | 4.5% |
| Estimated Annual Inflation | 2.5% |
| Initial Monthly Payment | $1,126.00 |
| Average Inflation-Adjusted Monthly Payment | $1,485.00 |
| Annuity Cost | $235,607.00 |
| Average Retirement Horse Acquisition Cost | $6,500.00 |
| Total Cost To Fund Retirement | $242,107.00 |
| Performance Horse - Athletic,Re-Training for Jumping, Hunters, Eventing, Dressage or Polo | Casual Use/Non-Riding - Companion Horse, Trail Riding, Maintenance Only | |
|---|---|---|
| Initial Monthly Payment | $1,126.00 | $900.80 |
| Years of Monthly Annuity Payments | 20 | |
| Average Inflation-Adjusted Monthly Payment | $1,485.00 | $1,188.00 |
| Annuity Cost | $235,607.00 | $187,217.00 |
| Average Retirement Horse Acquisition Cost | $6,500.00 | $3,500.00 |
| Total Cost To Fund Retirement | $242,107.00 | $190,717.00 |
| Years of Monthly Annuity Payments | 15 | |
| Average Inflation-Adjusted Monthly Payment | $1,379.00 | $1,103.00 |
| Total Cost To Fund Retirement | $187,439.00 | $148,225.00 |
| Years of Monthly Annuity Payments | 10 | |
| Average Inflation-Adjusted Monthly Payment | $1,289.00 | $1,023.00 |
| Total Cost To Fund Retirement | $131,341.00 | $102,579.00 |
| Category | ($)Amount |
|---|---|
| Track Claiming Price | 5000.00 |
| Sales Lot Bail Cost | 1500.00 |
| Negotiated Owner Sales Price | 2000.00 |
| State Sales/Use Tax | 400.00 |
| Vet Screening/Treatment | 1000.00 |
| Transportation | 2500.00 |
| Riding Tack Inventory | 870.00 |
| Total | $3500-$10000.00 |
| Category | Type | ($)Monthly |
|---|---|---|
| Board | Pasture | 500.00 |
| Hay | Bermuda Hay | 57.00 |
| Hay | Alfalfa Hay | 63.00 |
| Feed | Grain | 98.00 |
| Supplements | Platinum/Restore SR | 82.00 |
| Farrier | Trims/Shoes | 90.00 |
| Dentistry | Floats/Sedation | 19.00 |
| Vet Services | Shots/Routine | 19.00 |
| Therapy | Massage/Chiro | 113.00 |
| Mediccal Supplies | Misc | 39.00 |
| Grooming Supplies | Misc | 21.00 |
| Contingency | Misc | 25.00 |
| Monthly Total | 1126.00 |
WHEN YOU WIN, THEY ALL WIN!
Love the game? Now you can share some of that love with the horses that make it all possible!
Fresh Start's exciting "When You Win, They All Win!" donate-a-bet system lets you donate your best picks to Fresh Start any time you wager. However you bet, via your favorite online ADW system or in person at the track or OTB, we accept them all!
Use your smart phone or tablet to upload a picture or screenshot of your matching betting slip and when you win, the horses win, too! Plus, you'll earn a tax-deduction for your generous charitable gift!
OK, here's the details! When you upload an image of your betting ticket (whether from the track, an OTB, or an ADW) to FreshStart and confirm your donation by selecting Go To Checkout and then Checking Out, you are entering into a legal agreement with FreshStart to donate the net amount of money, if any, you may receive if that ticket's a winner, less the actual cost of your bet. FreshStart is not a party to your bet and cannot collect your bet on your behalf.
We'll send you an invoice for that amount which you can pay via credit or debit card, whatever's more convenient. You can designate your winnings, if any, to go to supporting a favorite FreshStart horse or as a general donation.
All transactions are governed by our Terms of Use
- Overview
- Website & Services Property Rights
- Grant of Limited License
- Materials Submited to Website & Services
- Internet Links to or from Website & Services
- Log-In Information, Passwords & Security
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- Use of or Access To Website & Services From Outside the United States
- Digital Millenium Copyright Act("DCMA") Notice
- Donations
- INDEMNIFICATION OF FRESHSTART
- Privacy Policy
- Termination
- Additional Conditions and Terms of Use
- Use of Electronic Communications
- U.S. Sanctions & Export Policy
- General
OVERVIEW
Your use of or access to Fresh Start Thoroughbred Lifecare, Inc. ("FreshStart")'s internet web site ("WebSite") and or any of the media, apps, mobile apps, in-app services, data or software associated with such web site (collectively referred to as "WebSite & Services" shall be governed by the following "Terms of Use" which shall constitute a legally binding agreement between FreshStart, yourself, and any separate legal entity you may represent (collectively referred to as "You" or "Your") regarding such use or access.
FreshStart may change these Terms of Use in any respect and at any time in the exercise of its sole and absolute discretion, and any such change shall become effective as from the time such changed Terms of Use are posted in writing on the WebSite. You are responsible for reviewing these Terms of Use prior to your use of or access to the WebSite and Services and your continued use thereof shall constitute your consent to any such changes. FreshStart may change or discontinue any aspect of the WebSite & Services at any time.
WEBSITE & SERVICES PROPERTY RIGHTS
Nothing herein shall be construed to transfer to You any right, title or interest in or to the WebSite & Service of whatsoever kind or nature, the entirety of which, including any and all intellectual property rights associated therewith (including, without limitation, any U.S, or foreign patents, copyrights, trademarks, servicemarks,
GRANT OF LIMITED LICENSE
FreshStart grants to You a personal, revocable, nontransferable, and nonexclusive license to use and or access the WebSite & Services subject to Your continued compliance with the following restrictions:
(a) Limitations on Copying
You may download or copy downloadable items from the WebSite & Services solely for Your personal, non-commercial use, provided that you maintain and display in connection with any and all such items any applicable copyright, trademark, servicemark or other forms of proprietary notices originally associated with such items.
(b) Limitations on Use of or Access to WebSite & Services
Your use of or access to the WebSite & Service is solely for Your personal, non-commercial use. You may not use or access the WebSite in any manner whatsoever, including, without limitation, by the use of any form of technology, either now known, or hereafter developed, other than than as expressly authorized by these Terms of Use.You may not loan, sublicense, assign, or lease to any third ;party your right to use or access the WebSite & Services in accordance with these Terms of Use to any third party
(c) Limitations on Programmatic Access to WebSite & Services
The WebSite & Services are designed and constructed to be used in an interactive manner by a single human user in the context of a single individual user session. You are not permitted to use or access the WebSite & Services in any other manner whatsoever or by employing any form of technology, whether now known or hereafter developed which is intended to or facilitates the programmatic and/or robotic use of or access to the Website & Services, circumvents the normal navigational structure for the WebSite & Services, extracts data,software and/or source code from the WebSite & Services, imposes abnormal loads on the WebSite & Services' operational infrastructure, monitors or seeks to identify any third party's use of or access to the Website & Services, or otherwise frustrates or affects the normal operation of the WebSite & Services in any manner whatsoever.
(d) Limitations on Reverse Engineering
You may not "reverse engineer" all or any portion of the WebSite & Services, which for purposes of these Terms of Use, means You shall not decompile, disassemble, or copy any software embodied within or forming a part of the WebSite & Services, nor modify or create derivative works based upon any data or software embodied within or forming a part of the WebSite & Services.
(e) Limitations on Eligibility to Use or Access WebSite & Services
By using or accessing the Website & Services, You represent and warrant to FreshStart that You are (i) at least eighteen(18) years of age; or(ii) between the ages of thirteen(13) and eighteen(18) and are using or accessing the Website & Services subject to the consent and supervision of a parent or legal guardian;(iii) have logged in or registered, as may be required; (iv) are not using another authorized user's account(s) on the Website & Services without such user's permission; and (v) Your use or access to the WebSite & Services have not previously been restricted, suspended or terminated by FreshStart.
(f) Obligation to Comply with Applicable Law
You are solely responsible for complying with any applicable foreign, federal, state, or local laws, regulations or rules affecting Your use of or access to the WebSite & Services.
MATERIALS SUBMITTED TO WEBSITE & SERVICES
You acknowledge that from time to time, the WebSite and Services may either require or allow you to submit various types of written material or images ("Posted Material") for use or display by the WebSite & Services, whether in the form of comments,surveys, listings, reviews or otherwise, and that FreshStart shall have the right to refuse to accept, moderate or delete any such Posted Material in the exercise of its sole and absolute discretion without notice to You, in the event that it determines all or any part of such Posted Material either violates community standards, is considered offensive, or is prohibited by applicable law.
In connection with the foregoing, You represent and warrant that you are either the exclusive copyright owner of such Posted Material or have been granted such rights by the exclusive copyright owner of such Posted Material in order to grant, and do hereby grant to FreshStart a worldwide royalty-free, perpetual, irrevocable, non-exclusive license, including sublicensing rights, including so-called "moral rights", in and to such Posted Material, sufficient to allow FreshStart to use, sublicense, reproduce, modify, adapt,publish,publicly display, publicly perform, translate and distribute such Posted Material, including, without limitation, the right to make all or any portion of such Posted Material available for use or access by any user of the WebSite & Services, and the right of FreshStart to incorporate such Posted Material in any form of media and using any type of technology, whether now known or hereafter developed.
You further represent and warrant that any such Posted Material shall not disrupt the normal operation of the WebSite & Services for any reason, including, but not limited to, the use of malicious software code, viruses, or corrupted files; infringe the intellectual property rights, rights of publicity, trade secrets, confidentiality, or privacy of any person; impersonate the identity of any person or entity, or falsely portray Your relationship or affiliation with any third person;or defame, libel, or otherwise violate the moral rights of any third person or entity.
You shall not include within Posted Material any advertising material or solicitations relating to specific charitable organizations, products and/or services.
INTERNET LINKS TO OR FROM WEBSITE & SERVICES
FreshStart may from time to time in the exercise of its sole and absolute discretion provide links to third party websites, apps or data from the WebSite & Services. FreshStart may alter or eliminate any such link at any time without notice to You, and assumes no responsibility for the quality, accuracy, or proper operation of the information or service made available via such link, nor for any products or services offered via such link. You may provide links to the WebSite & Services so long as any such link is made solely to the url entitled "https://www.freshstart-tblc.org" and by no other means whatsoever, including, but not by way of limitation, the use of any form of so-called "deep linking", or "iframes" of any kind.
LOG-IN INFORMATION, PASSWORDS & SECURITY
Your use of or access to the WebSite & Services may require you to create and submit a user name, password and provide certain other currently accurate identifying information, including but not limited to, addresses, phone numbers, security challenge questions and answers, pin numbers, etc., all of which shall collectively be referred to as "User Credentials". You are solely responsible for maintaining the security and confidentiality of any such User Credentials, and you agree not to share your User Credentials with any third person, nor utilize the User Credentials of someone other than yourself. You acknowledge that you shall have no property interest in such User Credentials, which shall constitute the sole and exclusive property of FreshStart, who can in its sole and absolute discretion, destroy, alter, or disable such User Credentials at any time with or without notice to You. FreshStart DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR FAILURE TO SAFEGUARD YOUR USER CREDENTIALS.
WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF OR ACCESS TO THE WEBSITE & SERVICE IS AT YOUR SOLE RISK AND YOU ASSUME ALL SUCH RISK. THE WEBSITE & SERVICE AND ITS INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRESHSTART DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE & SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. FRESHSTART DOES NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS MADE AVAILABLE BY THE WEBSITE & SERVICE OR ANY LINKS TO THE WEBSITE & SERVICE. FRESHSTART DOES NOT WARRANT THAT THE WEBSITE & SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE & SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE & SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT FRESHSTART IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITE & SERVICE OR ANY THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
OTHER DISCLAIMERS
NO CONTENT ON THE WEBSITE & SERVICE IS INTENDED TO SUBSTITUTE FOR PROFESSIONAL VETERINARY ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON THE WEBSITE & SERVICE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, EQUINE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR VETERINARIAN WITH ANY QUESTIONS YOU MAY HAVE REGARDING THE HEALTH OR MEDICAL CONDITIONS OF YOUR HORSE(S). NEVER DISREGARD OR AVOID PROFESSIONAL VETERINARY ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON THE WEBSITE & SERVICE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FRESHSTART BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEBSITE & SERVICE, ITS CONTENT OR PRODUCTS, OR ANY OF ITS THIRD PARTY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE WEBSITE & SERVICE, EVEN IF FRESHSTART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF FRESHSTART UNDER THESE TERMS OF USE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SERVICE
USE OF OR ACCESS TO THE WEBSITE & SERVICES FROM OUTSIDE THE UNITED STATES
The WebSite & Services are operated primarily for use or access within the United States. In the event You use or access the WebSite & Services from any location outside of the United States, You represent and warrant that You shall assume exclusive responsibility for compliance with any applicable laws governing such use or access within the legal jurisdiction in which you are located, in addition to any applicable U.S. export laws or regulations which may govern such use or access.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DCMA") NOTICE
Owners of copyrighted works who believe that their rights under the copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 ("DCMA") to report alleged infringements. Upon receipt by FreshStart of a written notice of claimed infringement in accordance with the provisions of DCMA, FreshStart will promptly remove or disable access to the allegedly infringing material pending a resolution of such claim. Any such notice shall be addressed to FreshStart's Designated Agent identified below, and shall set forth the following:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right to the copyrighted material which is alleged to have been infringed;
(b) A description of the copyrighted material that is claimed to have been infringed;
(c) A description of the location of the copyrighted material that is claimed to have been infringed within or upon the WebSite & Services sufficient to permit FreshStart to locate it;
(d) The claimant's address,telephone number and email address; and
(e) The claimant's statement, made under penalty of perjury, that claimant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the exclusive right to the copyright in such material, that owner's agent, or under applicable law, that the information contained in claimant's claim is accurate, and that claimant is the owner of the exclusive right to the allegedly infringing material or is otherwise authorized to act on such owner's behalf.
FreshStart's Designated Agent for purposes of the DCMA can be contacted as follows:
By email to "copyright@freshstart-tblc.org' with the word 'DCMA' in the subject line;
By mail to:
Designated DCMA AgentFreshStart Thoroughbred Lifecare, Inc.51025 Avenida Mendoza - Ste 202La Quinta CA 92253 USA
DONATIONS
The ability to make donations to FreshStart to support its charitable activities is made possible on the WebSite & Services to any adult member of the public without the need to log in or supply User Credentials. The Website & Services currently support the use of Visa, MasterCard, & American Express Credit Cards, Visa and MasterCard-branded financial institution debit cards, and Paypal. Donations can also be made via electronic bank drafts, paper checks, and wire transfers. FreshStart does not accept donations in cash. Subject to the prior written agreement of FreshStart, FreshStart will accept donations in the form of publicly-traded and marketable securities, certain forms of personal property, real estate, and various forms of inter vivos trusts or annuities and testamentary bequests or annuities, and beneficiary designations of insurance policies on a donor's life. You expressly acknowledge and agree that once made, your donation is irrevocable and may not be canceled or modified under any circumstances. The Website & Services afford donors who do elect to register on the WebSite & Services a range of additional services, including, but not by way of limitation, archived donation records, and the ability to sponsor or support one or more designated horses in need, or to join various groups in sponsoring or supporting one or more designated horses in need. For additional or more detailed information concerning making donations that require FreshStart consent please contact FreshStart's Special Gifts Department by telephone or mail, or email FreshStart at 'special_gifts@freshstart-tblc.org'.
FreshStart also accepts contingent donations whereby You as a donor upon uploading or transferring to the WebSite & Services a copy of a legally authorized and currently valid horse racing betting slip ("Betting Slip"), you shall be, and hereby are, deemed to have entered into a legally binding and enforceable contract with FreshStart ("Contract") to pay FreshStart one hundred percent (100%) of the net proceeds ("Net Proceeds"), if any, you may realize from such Wager, free and clear of the claims of any third party. For this purpose, Net Proceeds shall be deemed to be the amount payable by cashing such Betting Slip, after subtracting Your cost for the Wager. As a courtesy to You, FreshStart shall issue you an invoice for such Net Proceeds, calculated solely on the basis of the information contained on the face of such Betting Slip and publicly available track or Equibase horse racing result information. Any such invoice shall be due and payable upon presentation. You expressly acknowledge and agree that once made, your donation of a wager shall be irrevocable, may not be canceled or modified under any circumstances, and that YOU WAIVE ANY AND ALL DEFENSES to FreshStart's claims for equitable relief, including without limitation, any claims for an injunction, restraining order(temporary or otherwise), or order for specific performance in connection with FreshStart's enforcement of such Contract, or attempts to collect upon any judgment entered against You in the event You breach the terms of, or otherwise fail to pay FreshStart pursuant to such Contract. Notwithstanding anything to the contrary contained herein,FreshStart shall in no event be considered a party to the wagering transaction represented by such Betting Ticket, nor shall any such Contract created hereunder in connection with such Betting Slip shall be considered to establish any form of partnership or joint venture between You and FreshStart regarding the wagering transaction represented by such Betting Slip.
In the event any such Betting Ticket is denominated in a foreign currency, the Net Proceeds, if any, due to FreshStart shall be determined in that foreign currency, and You shall be deemed to have satisfied Your obligation by transferring such foreign currency amount to FreshStart without regard to the U.S. dollar-foreign currency exchange rate or adminstrative charge imposed for currency conversion by a FreshStart accepted form of credit or debit card, which in the event of foreign currency wagers shall be the sole method of payment accepted by FreshStart.
You expressly agree and acknowledge that FreshStart shall have the right, in the exercise of its sole and absolute discretion, to change the manner in which donations may be made to FreshStart, the modalities and/or methods by which donations may be made, and the forms of payment accepted by FreshStart, at any time, or from time to time, without notice to You.
INDEMNIFICATION OF FRESHSTART
In consideration of your use of or access to the WebSite & Services, You agree to indemnify, defend, and hold harmless FreshStart and its directors, officers, employees, volunteers and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorney's fees and costs) arising out of Your use of or access to the WebSite & Services.
PRIVACY POLICY
The operation of various aspects of the WebSite & Services may require you to submit to FreshStart certain personal identifying information ("Personal Information") which FreshStart may use or disseminate to third parties in connection with the normal operation of the WebSite & Services. Your use of the Website & Services shall operate as consent to the collection and use by FreshStart of such Personal Information in accordance with and subject to the "Privacy Policy" document made a part of the WebSite & Services, as the same may be amended from time to time.
TERMINATION
These Terms of Use shall apply to Your use of or access to the WebSite & Services from the time you first make use of or access the Website & Services until you cease to use or access the Website & Services. The restricted License granted hereunder shall also terminate without notice in the event you breach any provision of these Terms of Use. Notwithstanding anything herein contained to the contrary, the following provisions of these Terms of Use governing the INDEMNIFICATION OF FRESHSTART, WARRANTY DISCLAIMER, OTHER DISCLAIMERS, LIMITATION OF LIABILITY, INDEMNIFICATION, and MATERIALS SUBMITTED TO WEBSITE & SERVICESshall survive any such termination and remain in full force and effect.
ADDITIONAL CONDITIONS AND TERMS OF USE
Fresh Start's WebSite & Services may from time to time offer various specific features, capabilities, promotions, contests, sweepstakes and the like ("Specific Features") each of which shall include or require adherence to particular conditions or terms of use ("Additional Conditions and Terms of Use") applicable to Your use of or access to such Specific Features. Any such Additional Conditions and Terms of Use shall be deemed to be incorporated herein by reference, but in the event of any conflict or inconsistency, such Additional Conditions and Terms of Use shall take precedence.
USE OF ELECTRONIC COMMUNICATIONS
You are entitled to copy and retain any form of electronic communication you send to FreshStart, whether by email, text message or otherwise. You hereby consent and agree to receive electronic communications from FreshStart concerning the WebSite and Services, whether in the form of emails, texts, push notices, or notices and messages posted to your account on the WebSite & Services, which you may also copy and retain for Your records. You acknowledge and agree that any such electronic communication shall satisfy any legal requirement that such communications or notices shall be made in writing.
U.S. SANCTIONS & EXPORT POLICY
You are not entitled to use or access the WebSite & Services if You are currently the subject of U.S. sanctions or sanctions consistent with U.S. law imposed by the country from which you are attempting to use or access the WebSite & Services. You are solely responsible for complying with any U.S. or other export and/or re-export restrictions that may apply to Your use of or access to the WebSite and Services.
GENERAL
These Terms of Use are governed by and shall be construed in accordance with the law of the State of California as the same would apply to agreements entered into and entirely performed within the State of California between residents of the State of California. The exclusive venue for any action or proceeding brought by You, any separate legal entity you represent, or FreshStart (collectively and individually, the "Parties") shall be in a court of competent jurisdiction located within the County of Riverside, California and all such Parties agree to submit to the personal jurisdiction of such court for that purpose. These Terms of Use shall constitute the sole and entire agreement among the Parties with respect to the Website and Services and any activities or transactions contemplated by these Terms of Use.In the event any provision of these Terms of Use is finally determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the provisions of these Terms of Use shall remain valid and enforceable according to their terms. No failure by FreshStart to strictly enforce any provision of these Terms of Use shall operate as a waiver of that provision or FreshStart's ability to enforce such provision with respect to any subsequent breach thereof. All DISCLAIMERSand LIMITATIONS OF LIABILITYset forth above shall survive any termination or expiration of these Terms of Use.
Revised December 2023
- Overview
- Personal Data FreshStart May Collect
- Cookies
- How FreshStart Uses Personal Data It Collexts
- How FreshStart Discloses Personal Data
- Your Rights and Options Regarding Personal Data
- Data Security and Retention
- Data Transfers Between Countries
- Use by Minors Prohibited
- Privacy Policy Updates & Notices
- Third-Party Links & Websites
- Special Provisions For Residents of the EEA & Switzerland, California & Australia
- Contacting FreshStart
OVERVIEW
Fresh Start Thoroughbred Lifecare, Inc. ("FreshStart") respects your privacy. ThisPrivacyPolicy governs how any personal information ("Personal Information") FreshStart maycollector that You may supply to FreshStart, whether in connection with Your use of or accesstoFreshStart's internet web site ("WebSite") and or any of the media, apps, mobile apps,in-app services, data or software associated with such web site (collectively referredto as"WebSite & Services") or otherwise. This Privacy Policy also describes how FreshStartusesPersonal Information, how that Personal Information may be shared with others, yourrightsand choices, and how you can contact FreshStart about these matters. This Privacy Policydoes not apply to third-party websites, products or services, whether or not they linktothe WebSite & Services, all of which are independently responsible for their own privacypractices.
FreshStart may change this Privacy Policy in any respect and at any time in the exerciseofits sole and absolute discretion, and any such changes shall become effective whenposted inwriting on the WebSite. To the maximum extent permitted by applicable law, You areresponsible for reviewing this Privacy Policy prior to your use of or access to theWebSiteand Services and your continued use thereof shall constitute your consent to any suchchanges.
PERSONAL DATA FRESHSTART MAY COLLECT
(a) Personal Data FreshStart May Collect About You
For purposes of this Privacy Policy, Personal Data means any information that relates toanidentified or identifiable individual. The Personal Data you supply to FreshStart inusingor accessing the Website & Services is determined by the particular features orfunctionsYou may use or access on the WebSite & Services, including by way of example, but notlimited to the following:
- When You register or sign up for a FreshStart account and create a User Profile, FreshStart collects Your full name, mailing address, email address, and account log-in credentials.
- When You fill-in an online form to list or register a thoroughbred horse in need of re-homing, adoption or financial support, FreshStart collects Your name, mailing address, email address, telephone, and country, and anything else You may communicate to FreshStart about Yourself in connection with any such registration or listing.
- When You make a donation to FreshStart, or purchase items for donation to eligible FreshStart thoroughbred horses, FreshStart may collect your name, mailing address, payment method billing address, email address, telephone, country and certain banking or financial institution information in the event of an electronic bank draft or wire transfer.
- When you use the WebSite & Services' chat features, FreshStart may collect your name, mailing address, email address, telephone, country, the user name You select and Your log-in credentials.
Because FreshStart takes ongoing measures to protect the WebSite & Services against fraudandmisuse, as well as measures to verify the identity, qualifications, background andfinancialstanding of prospective adoptors or buyers of FreshStart thoroughbred horses, FreshStartmayalso receive Personal Data about You from various third parties, including FreshStartbusiness partners, financial service providers, identity and background verificationservices, in addition to publicly available information about You in connection withevaluating Your suitability as an adoptor or purchaser of a FreshStart thoroughbredhorse.
FreshStart may also receive Personal Data from You for other reasons and by othermethods,including for example, but not by way of limitation:
- in response to FreshStart electronic, video, print or audio-based marketing or promotion communications;
- via social media websites, blogs, forums, discussion groups, and the like;
- in connection with and in the course of prospective or actual business relationships with FreshStart;
- as a result of providing FreshStart with Your business card, V-Card, or contact details at any public or private event, such as a thoroughbred race track, trade show, horse show, horse sale or auction, or other equine industry events, and the like.
(b) Automatic Collection of Information By the WebSite &Services
FreshStart's WebSite & Services use 'Cookie's and other forms of measurement andsignalingtechnologies to record various types of information about Your use of or access to theWebSite & Services, including:
- Device and browser data, including IP address, geolocation information,operating system type and version, device type, internet browser type and version,device manufacturer and model, installed plug-ins or add-ons, MAC address, screen resolution, and Your selected language version, if any; and
- Usage data, including time spent using or accessing the WebSite & Services, pages, features or functions visited or used, selected language versions, and information about third-party websites that may have directed or referred You to the WebSite & Services.
FreshStart may also use various technologies to collect information about Your uss of oraccess to the WebSite & Services over time or across third-party websites, devices, appsorother online services, including, but not limited to Google Analytics, which FreshStartemploys to analyze Your use of or access to the WebSite & Services and identify,debug orresolve any related technical issues.
For more information about the 'cookies' that may be placed on the devices you use toaccessthe WebSite & Services, and how You can control FreshStart's use of 'cookies' andvariousthird-party analytics tools, please refer to:
COOKIES
'Cookies' are small text or data base files that are stored on the device where the internet browser You may employ to use or access the WebSite & Services is installed. FreshStart uses 'cookies' to help understand how You and others use or access the WebSite & Services, remembering your log-in credentials, or storing various preferences you have selected for Your use of or access to the WebSite & Services. FreshStart's Cookie Policy describes how FreshStart uses 'cookies' and related technologies to make sure the WebSite & Services function properly, prevent fraud or mis-use, and provide analytic information to help optimize and improve the performance of the WebSite & Services, all in accordance with and subjec to the terms of FreshStart's Privacy Policy. For this purpose, any capitalized or bold face term used herein shall have the same meaning given to it in FreshStart's Privacy Policy or Terms of Use, as the case may be.
1. How FreshStart Uses Cookies
Cookies are used by FreshStart in connection with the WebSite & Services to provide You with personalized, efficient, and secure use of or access to the Website & Services. The specific 'cookies' and related technologies FreshStart uses may change from time to time, or any time, in order to improve or enhance Your WebSite & Services experience, but they are all generally used for the following purposes:
(a) Operating FreshStart's WebSite & Services - Some 'Cookies' are required for the proper opwration of the Website & Services, because they enable the following functions:
-
Authentication and Log-In:
FreshStart uses 'cookies' to detect whether You have successfully logged-in to your FreshStart Account with Your User Credentials so that You don't have to log-in again during the course of a given user session.
-
Fraud Prevention:
FreshStart uses 'cookies' and similar technologies to monitor the types of devices and internet browsers employed to use or access the WebSite & Service in order to detect and mitigate against potential fraud and abuse
-
Implementing Various Features & Services:
FreshStart uses 'cookies' to remember your particular selected preferences when using or accessing the WebSite & Services so You do not have to make preference or configuration selections every time you might use or access the WebSite & Services.
(b) Analysis and Enhancements- FreshStart uses 'Cookies' to analyze how You and others use or access the WebSite & Services, navigate among the various pages, features and functions,all for the purpose of improving the quality of Your experience and determining what types of features or functions should be implemented for that purpose.
(c) More Effectuve & Relevant Advertising- FreshStart uses 'Cookies' to ensure that any FreshStart promotional messages or third-party advertising is relevant to the interests of users of FreshStart's Website & Services, minimizes repetitive ads or messages, and to track Your viewing of or click-based response to ads or promotional messages.
2. How FreshStart Uses Other 'Cookie"-like Technologies
(a) Pixel Tags - Pixel tags, sometimes referred to as web beacons or clear GIFs are a form of visually invisible images inserted into emails or other promotional messages FreshStart may send to you with your consent, which send signals to the FreshStart WebSite & Services, allowing FreshStart to detect if and when any such email or promotional message is opened, track the success of particular marketing or promotional campaigns, and compile relevant statistics about Your use of or access to the WebSite & Services.
(b) Flash 'cookies' - Similar to conventional 'cookies', Flash 'cookies are used in connection with the use or display of multimedia ads or promotional messages built using Adobe Flash, which may place a form of text file known as a 'local shared object' on a user's device when viewing or interacting with a Flash-based ad or promotional message. A Flash 'cookie' may be used to store and make available to the FreshStart WebSite & Services the same kind of usage information provided by a conventional 'cookie'. You can use Your internet browser to block or disable Flash 'cookies' in the same manner You can block or disable conventional 'cookies', but this may affect the use or operation of any Flash-based interactive ads or promotional messages.
(c) Third-Party Analytics - FreshStart uses Google Analytics which uses 'cookie's and other technologies to monitor and collect usage statistics in connection with Your use of or access to the FreshStart Website & Services and other websites or online services that utilize Google Analytics. To review Google's Privacy Practices please refer to the Google Website
3. Managing Cookies
You should consult the 'help' function provided by Your internet browser to find out how you can delete or disable FreshStart 'cookies'. Please note that if you delete or disable FreshStart 'cookies', the FreshStart Website & Services will not function as intended or designed.
4. Current List of FreshStart Cookies
(a) First Party Cookies Set by FreshStart
| Cookie | Purpose/Add'l Information | Names | Expiration Date |
|---|---|---|---|
| Cookie Agreement | Created when the "OK" button is clicked on the 'Cookies Notice' that appears on the WebSite when You first visit and every seven (7) days thereafter. Hides 'Cookies Noiice' until Cookie expires. | _fsCookie | 7 days |
| Cookie Agreement | Created when the "OK" button is clicked on the 'Cookies Notice' that appears on the WebSite when You first visit and every seven (7) days thereafter. Hides 'Cookies Noiice' until Cookie expires. | _fsCookie | 7 days |
HOW FRESHSTART USES PERSONAL DATA WE COLLECT
(a) FreshStart WebSite & Services
FreshStart uses Personal Data in connection with the lawful operation of its WebSite &Services, including, but not limited to, enabling You to create a FreshStart Account andUser Profile, make donations to FreshStart, financially support, re-home or adopteligibleFreshStart thoroughbred horses, use FreshStart chat facilities, and ensuring thesecurity ofFreshStart's communications infrastructure. In addition, FreshStart uses Personal Datatocomply with FreshStart's federal and state tax, regulatory, accounting and reportingrequirements and other legal obligations and to otherwise lawfully pursue our charitablemission and objectives.
If FreshStart ever needs to use your Personal Data in other ways, we will provide youwithadequate notice at the time such data may be collected and obtain your consent wheneverrequired by applicable law.
(b) FreshStart Marketing Activities
FreshStart may send you various types of marketing communications, whether by email orotherwise, asking you to participate in FreshStart-organized or sponsored events,activities, or surveys, all in accordance with any consent requirements imposed byapplicable law. In the event FreshStart collects your contact information as a result ofourpresence at conferences, trade shows, race tracks, horse shows, horse auctions or salesandthe like, FreshStart may use that information to contact you in connection with events,activities, or surveys, transmit to You any requested information, and provided youconsent,include You in FreshStart marketing information campaigns.
(c) Relevant Advertising
When You use or access the WebSite & Services, FreshStart and certain third-parties maycollect information about Your internet activities over time and across various internetsites so as to provide you with advertising or information about products and servicestailored to Your specific interests. For this purpose, FreshStart and/or thesethird-partiesmay place a unique 'cookie' or use some othe form of technology on your internetbrowser. Wewill obtain your prior consent whenever required by applicable lasw prior to using yourinformation for this purpose.
You may see FreshStart's advertising or promotional messages on other internet sites Youvisit, because FreshStart may, from to time, participate in advertising networks thattargetthat advertising or those promotional messages based on various factors, includingdemographic data, Your supposed interests, and other relevant data which FreshStart maycollect to monitor the effectiveness of our advertising or promotional campaigns.You mayopt-out of any behavioral advertising delivered by Network Advertising Initiative membercompanies by visiting the 'Network Advertising Initiative'and 'Digital Advertising Alliancewebsites. You may also use the AppChoices app to opt out of behavioraladvertising to mobile devices. You should be aware that (i) if you elect to opt out ofbehavioral advertising the advertising you do see on internet sites You may visit may becompletely irrelevant to your interestsm and that the FreshStart Website & Services donotrespond to any "Do Not Track' broswer signals in the absence of any applicable industrystandard for processing such signals.
HOW FRESHSTART DISCLOSES PERSONAL DATA
FreshStart does not disclose, sell or rent Personal Data to marketers or unaffiliatedthirdparties.
(a) FreshStart Service Providers
FreshStart may, from time to time, share Personal Data with a limited number ofFreshStartservice providers. These service providers provide services to FreshStart or on ourbehalf,such as, but not limited to, website hosting, credit or debit card and PayPal paymentprocessing, data analysis, information technology and related infrastructure,telecommunications services, customer service, email delivery, auditing and accountingservices, legal services, and identity verification and background check services. Inaccordance with their functions, these service providers may need to access PersonalData toperform their services. FreshStart authorizes such service providers to use or disclosethePersonal Data only as necessary to perform services on our behalf or comply with legalrequirements. In every case, FreshStart requires such service providers to contractuallycommit to protect the security and confidentiality of any Personal Data they process forFreshStart or on our behalf. For security reasons, FreshStart service providers are onlylocated in the European Union and the United States of America.
(b) Certain Business Transactions
In the event that in furtherance of its fundamental charitable mission, FreshStart weretosell or transfer certain of its assets, operating programs, or activities to a thirdparty,FreshStart may share Personal Data with any such third party when necessary tofacilitatetheir on-going operation or use of such assets, operating programs, or activities, butonlyunder circumstances where such third party undertakes to protect the continuing securityandconfidentiality of such Personal Data.
(c) Legal Compliance
We may share Personal Data as may be necessary (i) to comply with applicable law (ii) toenforce our contractual rights; (iii) to protect the rights, privacy, safety andproperty ofFreshStart or You, as the case may be; and (iv) to respond to lawful requests fromcourts,law enforcement agencies, regulatory agencies, and other public and governmentauthorities,including authorities from outside your country of residence.
YOUR RIGHTS AND OPTIONS REGARDING PERSONAL DATA
You have various rights and options regarding FreshStart's use and disclosure of YourPersonal Data:
(a) Opt-Out of Marketing Emails
You can opt-out from receiving marketing-related emails or messages from FreshStart, byusing the 'unsubscribe link' contained in such emails or messages. FreshStart willnonetheless have the right to send You emails or messages of an administrative nature inorder to ensure the proper operation of the WebSite & Services, or to comply with legalorregulatory requirements.
(b) View and Edit Account Data
You can view and edit the Personal Data associated with Your Account by logging-in totheWebSite & Services and navigating to Your Account Profile. You can also consult the'Help'feature of the WebSite & Services for further information or by contacting us with yourinquiry or request at 'support@freshstart-tblc.org'.
(c) Data Protection Rights
You may have the following rights with regard to the Personal Data FreshStart collects about You, depending on applicable law within the legal jurisdiction in which You reside:
- The right to request that FreshStart confirm if it processes Personal Data about You, and if it does, to request that FreshStart furnish a copy of such Personal Data to You.
- The right to request that FreshStart correct or update any Personal Data in the event it is inaccurate or outdated.
- The right to request that FreshStart erase Your Personal Data when required by law. Please note that this may adversely affect your continued ability to use or access the WebSite and Services.
- The right to request that FreshStart restricts the use of Your Personal Data pending, for example, FreshStart's processing a prior request from You to correct or update Your Personal Data.
- The right to request FreshStart to export Your Personal Data to a third party, to the extent technically feasible.
In any instance where FreshStart's processing or retention of Your Personal Data is basedupon your prior consent, You have the right to withdraw or revoke that consent at anytime.You may also have the right to object to the processing of Your Personal Data by or onbehalf of FreshStart on specific grounds relating to Your personal situation. Pleasenotethat any
To exercise Your data protection rights, please email FreshStart at the followingaddress:'privacy@freshstart-tblc.org', or by regular mail at the mailing address set forth inthe'Contact' section of the WebSite & Services. FreshStart will comply with Your request totheextent required by applicable law. FreshStart cannot respond if Your Personal Data is nolonger held by FreshStart. If You believe that FreshStart's response to Your request isunsatisfactory You may contact the data protection authority in your country, if any.
FreshStart may need to verify Your identity before responding to any such request, and intheevent that Your identity cannot be verified, FreshStart will not then acquire, maintainorprocess any further information in order to identify You.
DATA SECURITY AND RETENTION
FreshStart uses reasonable efforts to implement a level of security commensurate with therisk associated with processing Personal Data, including administrative, technical andorganizational measures to protect Personal Data held by FreshStart from unauthorizedaccess, loss or destruction, alteration or misuse. Only a limited number of FreshStartpersonnel with a specific need to access Personal Data for the performance of theirdutiesare afforded access to Personal Data. If for any reason, you believe the security ofYourPersonal Data, FreshStart Account, or User Credentials has been compromised, pleasecontactFreshStart immediately by email at 'security@freshstart-tblc.org' or by regular mail atthemailing address set forth in the 'Contact' section of the WebSite & Services.
FreshStart retains Personal Data for as long as needed to provide services or access toYouin connection with the Website & Services and for such further periods as may benecessaryfor fraud prevention, monitoring or prevention, but in no event for any longer period oftime than may be required under applicable law, including, but not by way of limitation,forauditing, accounting or tax compliance purposes.
DATA TRANSFER BETWEEN COUNTRIES
Because FreshStart's WebSite and Services are accessible to residents of countries otherthanthe United States, FreshStart may transfer, collect, store, use, disclose, process, orengage third party data processors to process Personal Data in accordance with thisPrivacyPolicy in many countries, including the European Economic Area ("EEA"), Switzerland andtheUnited States. While these countries may have data protection laws that are differentfromYour country, FreshStart will take steps in any case to ensure that in the event of anytransfer of Personal Data across national borders, such transfers shall comply with anydataprotection laws applicable to such transfer and the terms of this Privacy Policy.Notwithstanding the foregoing, under certain conditions, courts, law enforcement orregulatory agencies, or security authorities of a given country may be entitled toaccessyour Personal Data. In any event,for security reasons FreshStart will not hold ortransferdata outside of the European Economic Area ("EEA"), Switzerland and the United States inthefirst instance.
If you are located in the European Economic Area (“EEA”) or Switzerland, we comply withapplicable laws to provide an adequate level of data protection for the transfer of yourPersonal Data to the US.
USE BY MINORS PROHIBITED
Minors under the age of 13 are prohibited from using or accessing the WebSite & Servicesandshould not provide Personal Data to FreshStart under any circumstances. Minors olderthan 13and younger than 18 are only permitted to use or access the WebSite & Services under thesupervision of a parent or legal guardian, who is solely responsible for managing anyPersonal Data furnished to FreshStart pursuant to this Privacy Policy in connection withsuch use or access.
PRIVACY POLICY UPDATES AND NOTICES
FreshStart may, in the exercise of its sole and absolute discretion, but always subjecttoapplicable law, modify the terms of this Privacy Policy from time to time, or at anytime.Any such modifications shall become effective as of the date indicated by the "lastmodified" notice posted at the beginning of this Privacy Policy. FreshStart may alsocommunicate with you from time to time concerning this Privacy Policy or Your PersonalDataby sending emails, posting notices to Your WebSite & Services Account Profile, or viaregular mail to the mailing address in your Account Profile.
THIRD-PARTY LINKS AND WEBSITES
From time to time, FreshStart's WebSite & Services may provide the ability to connect toother websites. Some of these websites may operate independently from FreshStart and mayhave their own independent privacy notices or policies, which You should consult beforeusing. If any such linked website is not owned or controlled by FreshStartm, FreshStartisnot responsible for its content, any use of the website or the privacy practices of theoperator of the website.
SPECIAL PROVISIONS FOR RESIDENTS OF THE EU & SWITZERLAND,CALIFORNIA, AND AUSTRALIA
(a) Residents of the European Economic Area (EEA) and Switzerland - For purposes of TheGeneral Data Protection Regulation (EU) 2016/679 ("GDPR"), the regulation in EU law ondataprotection and privacy applicable to all individuals citizens of the European Union("EU")and the European Economic Area ("EEA"), FreshStart shall be the registered datacontrollerto which this Privacy Policy refers. FreshStart's 'Data Protection Officer' may becontactedby email to 'dpo@freshstart-tblc.og'.
(b) Residents of California - To the extent required by California law,you may requestFreshstart to provide You with (i) a list of certain categories of Personal Data we havedisclosed to third parties for their direct marketing purposes during the immediatelypreceding calendar year, if any ; and (ii) the identity of those third parties. To makethisrequest, California residents may contact FreshStart by email to'privacy@freshstart-tblc.org' with the subject line containing the words "CaliforniaDataRequest'.
(c) Residents of Australia - To the extent required by Australian law,if you are aresidentof Australia and you are dissatisfied with the manner in which FreshStart has dealt withanycomplaint You have in connection with the operation of this Privacy Policy, you maycontacttheOffice of the Australian Information Commissioner
CONTACTING FRESHSTART
In addition to the specific modes of contacting FreshStart described above you may
alsocontact FreshStart by regular mail at the following
address:
FreshStartThoroughbred Lifecare, Inc.
Attn: FreshStart
Legal
51025 Avenida Mendoza -Ste.202
La Quinta, CA 92253 USA
Revised December 2023
