Last updated December 11, 2011
NOTICE: THIS EQUINE SPORT CAN BE A HAZARDOUS ACTIVITY WHICH MAY SUBJECT THE PARTICIPANT TO SEVERE INJURY. NEITHER EQUESTRIAN COACH, LLC NOR ITS INSTRUCTORS ASSUME ANY LIABILITY FOR YOUR ACTIVITES. THESE VIDEOS PROVIDE GENERAL INSTRUCTIONS AND TECHNIQUES WHICH MAY NOT BE SUITABLE FOR EVERYONE. NO WARRANTY IS GIVEN REGARDING SUITABILITY OF THESE INSTRUCTIONS OR TECHNIQUES FOR YOU. PERSONAL INSTRUCTION, IN ADDITION TO CAREFUL VIEWING OF THE ENTIRE VIDEO, IS SUGGESTED BEFORE UNDERTAKING THIS SPORT.
When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
3. SITE SERVICES AND CONTENT. The Site and all its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Site (collectively, “Site Content”) are owned by Company or its licensors. Company grants you a limited license to access and use the Site and Site Content solely for informational, personal and non-commercial purposes. You are prohibited from downloading (other than page caching) modifying, or making any other use of the Site or Site Content, except with Company’s express written consent. Equestrian Coach, LLC. shall have the right at any time to change or discontinue any aspect or feature of EquestrianCoach.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
4. LINKING. If you are interested in placing links to the Site and Company’s logo on your website, a Linking Agreement can be obtained by emailing info@EquestiranCoach.com. Prior to placing a link on your website, you must obtain, read, agree to the terms and conditions of the Linking Agreement, and download the EquestiranCoach.com logo and create the EquestiranCoach.com link.
5. USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
6. CHANGED TERMS. Equestrian Coach, LLC. shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of EquestrianCoach.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on EquestrianCoach.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of EquestrianCoach.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
7. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:
Equestrian Coach, LLC
c/o Copyright Department
P.O. Box 1509
San Marcos, CA 92079
Phone (760) 471-2750
9. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
12. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability. Except with Company’s express written permission, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Site, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
14. ONLINE COMMERCE AND SECURITY. The Web site allows you to purchase many different types of products and services (namely, subscriptions) online that are provided by EquestrianCoach.com. When ordering services or products on the Web site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address and credit card information, as well as any other information requested.
You acknowledge and agree that the price of the services or products is subject to change without notice and that the services or products are subject to availability. The sale of the services or products is void where prohibited by law. EquestrianCoach.com LLC., in its sole discretion, shall have the right, at any time after receipt of your order, to decline your order for any reason. In the event that the services or products are listed at an incorrect price, due to a typographical error or an error in pricing information, EquestrianCoach.com LLC., in its sole discretion, shall have the right at any time after receipt of your order, to decline your order.
Online Transaction Processing is provided by PayPal, a secure and trusted service provider to EquestrianCoach.com.
You release EquestrianCoach.com LLC. and its officers, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of the services or products made available on the Web site or by third-party web sites through the Web site.
15. SHARING OF SUBSCRIBER ACCOUNTS. Subscriber accounts are intended for use by a single individual only. A Subscriber's user name and password should be kept private, and EquestrianCoach.com should be contacted immediately if it is suspected that the security of a Subscriber account has been compromised. EquestrianCoach.com employs pattern-matching and tracking technology to identify accounts that may have been shared with other people. This is against the terms and conditions stated here, and suspect shared accounts may be subject to warnings, account suspensions or terminations.
16. REFUND POLICY. We do not offer refunds on any memberhips/subscription. If you cancel, your account will stop at then end of your cycle and you will no longer be billed. For gift memberships, no refunds will be granted after the gift has been purchased. Current paid subscribers are not able to redeem gifts, so if a gift is sent to a current paid subscriber, that subscriber will have the option to get the money refunded to them or to the giver via their Paypal account. Lifetime subscriptions last for the lifetime of EquestrianCoach.com or the lifetime of the subscriber, whichever is sooner.
17. COUPON CODES - If you use a coupon code on an already discounted membership, you forfit any "free" items that may come with it, above and beyond the membership itsef. For example, if a buy a Lifetime Membership at a discounted rate of $499 (regular price $999) and use a coupon code to discount that even further, then you will get the Lifetime Membership only and not the DVDs, hat, backpack and gift membership that come with it for free.
19. COPYRIGHT. All contents of Site or Service are owned and copyrighted or licensed by Company, its corporate affiliates or its third party vendors. Copyright © 2010 Equestrian Coach, LLC., all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Site is permitted without the Company’s express written permission. Any rights not expressly granted herein are reserved.
20. TRADEMARKS. Trademarks referenced on the Site or belonging to Company, including, but not limited to: EquestiranCoach.com
23. NO LICENSE. Except as otherwise provided herein, nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
24. NO OTHER RELATIONSHIP. This Agreement shall not be construed or deemed to create any partnership, joint venture, agency, franchise, or other form of agreement or relationship than as expressly set forth herein.
25. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.