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Website Terms of Use


We invite our subscribers to enjoy all the features this site has to offer.  But we must require that each user abide by certain rules so that no one's rights are stepped on.  Failure to abide by these rules can result in immediate termination of access to this site, without refund or recourse.

Summary of Website Terms of Use

1. Do not share your logon passwords and user names.  Our system is designed to detect this immediately and suspend any account where more than one person signs on using the same username and password.

2. Do not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this Website.  Downloading is easy, but just because you may be able to copy our content doesn't mean you own it.  Unauthorized use of, copying or reselling of our content, trademarks, and other proprietary material can subject you to civil or even criminal liability.  You are welcome to use share links like Digg, Facebook, Furl etc. and our tell-a-friend feature but please don't violate our copyright.  Please note that our materials may be downloaded and used only for your personal use.  If you wish to use the materials for commercial purposes or for a presentation to others such as in a classroom setting, please contact us at Info@EquestrialProfessional.com for information about our license rates.

3. Respect our membership plans and members!  This site is for horse professionals i.e. horse trainers, professional riders, breeders, stable managers and riding instructors.  This means - if you are a marketing professional, run an equestrian related website or own a business that sells products and services to horse professionals but you are not actually a horse professional -  you should NOT become a member or this site.  If we suspect that you are not directly involved with horses as a business (or starting a horse business) or have signed up for the site to misuse our resources or take advantage of our members, your account will be cancelled and you will not receive a refund. 

Respect our membership plans and members!

4. No advertising, trading of goods or services, or other commercial use is allowed except in the classified ad section and specific forums.  No bulk e-mail, junk mail or spam, chain letters, or repeat postings of the same message is permitted anywhere on the forums.

5. Please use your own name when posting to the discussion forums.  Do not impersonate anyone else.

6. Treat other subscribers with courtesy and respect when posting messages to the discussion groups.  No unnecessary name calling or abuse toward any subscriber is allowed. We take your business seriously and expect you to treat this site and its members accordingly.

7. Please avoid shouting (using all capital letters) in the discussion forums.

8. Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language, or harass, abuse, or threaten other subscribers in the discussion forums.  Do not libel or defame others.  This site strongly disapproves flaming.

9. When you post content in the discussion forums, you permit this site to display and distribute the content, and to use it for advertising and promotion.  You grant to this site the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world and universe, on a royalty-free basis.

10. We reserve the right to remove objectionable postings, ban forum use or terminate subscriptions.  We do not try to edit or to monitor messages posted on the discussion forums, but we reserve the right to edit or remove objectionable postings.  The person posting a message, and not us, is solely responsible for his or her postings.  Violators may be permanently banned from using the forums, or even have their subscriptions terminated.

A Special Note to Universities and Other Educators 
Please note that our website content and written materials are available for personal use only and may not be used for commercial purposes or as a teaching tool without our prior express written permission.  We offer reduced license rates for the use of our materials by universities and other educators in the classroom.  Not all of our written materials may be available for license, and we reserve the right to refuse license of any written materials.  For further information on licensing, please contact us at
Info@EquestrianProfessional.com

The information above is intended as only a basic summary of our Website Terms of Use.  Please see our complete Website Terms of Use below.  By your access to and/or use of this Website, you agree to be bound by the full and complete Website Terms of Use.

Website Terms of Use

Effective Date: November 24, 2010.
These Terms of Use set forth the standards of use of the website EquestrianProfessional.com (the "Website"), operated by Equestrian Professional ("EP," "we" or "us"), the hypertext links to other websites contained on the Website and other online resources accessible via the Website.  By browsing, accessing, linking, using and/or downloading information from the Website, you agree to these Terms of Use.  If you are using the Website on behalf of another person, you represent that you are authorized to accept these Terms of Use on that person's behalf.  EP reserves the right, at any time, to modify, alter, or update these Terms of Use.  Modifications shall become effective immediately on being posted on the Website.  Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Terms of Use and its modifications.  Except as provided in this paragraph, these Terms of Use may not be amended.

 

1.  Disclaimer of Warranties
This Website is provided on an "as is" and "as available" basis.  To the fullest extent permitted by applicable law, EP makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise.  EP shall have no liability for any interruptions, errors, computer viruses or other harmful components in the use of this Website.  EP DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE AND THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT.  THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF THIS WEBSITE.  EP DOES NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  

2. Limitations of Liability
IN NO EVENT SHALL EP OR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO ANY COURSE LISTED ON THE WEBSITE, THE WEBSITE OR THE INFORMATION CONTAINED IN IT, OR THE INABILITY TO USE THE WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF EP OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages.  In those jurisdictions, EP's liability is limited to the greatest extent permitted by law.

3.  Accounts
You have the option to create an account to participate in certain features of the Website.  If you create an account, you agree to provide, maintain and update true, accurate, current, and complete information about yourself in the registration process.  You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.  You also agree to promptly notify EP with any questions of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.

4.  Not Professional Advice
The content on the Website is provided for informational and educational purposes only, and should not be construed as advice.  The content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes.     

5. Warranty and Indemnification
You warrant and represent that all content added to the Website by or at the behest of you or your agents or representatives ("User Content") is free of third-party claims and does not infringe the rights of any third party.  By adding or uploading User Content, you warrant and represent that you own or otherwise control all rights to the User Content.  You agree to indemnify and hold EP and its employees, agents, representatives, sponsors and service providers harmless from any claim, demand, liability, loss, damages, or cause of action, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your breach of the warranties and representations herein, your use of the Website, the violation of these Terms of Use, or infringement by you, or other user of the Website using your computer, of any intellectual property or any other right of any person or entity.  You will cooperate as fully as reasonably required in the defense of any claim.  EP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without EP's written consent.

6. User Content
EP is not responsible or liable for any User Content posted on the Website.  User Content does not express the views of EP.  EP does not guarantee that it will edit or delete User Content.  EP reserves the right to reveal your identity (or whatever information EP knows about you) if a complaint or legal action arises from your behavior.  Unless otherwise specified, EP does not claim ownership of the User Content.  You acknowledge that EP is not responsible for the accuracy of any User Content and that you and not EP are solely responsible for any User Content you post or upload to the Website.  By posting or uploading User Content to this Website, you are granting EP permission to use the User Content in connection with the Website.

7.  Public Forums and Communication
"Public Forum" means an area, site or feature offered as part of the Website that offers the opportunity for users to post content for viewing by one or more users of the Website, including a blog, neighborhood group message board, chat area, or social community environment.  You acknowledge that Public Forums offered on the Website may be for public and not private communications.  EP cannot guarantee the security of any information you disclose through any of these media; you make all disclosures on the Website at your own risk.  You are and shall remain solely responsible for the content you post on the Website and for the consequences of submitting and posting same.  Also, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on the Website is at your own risk. 

8. Compliance with Laws and Prohibited Uses
You assume all knowledge of applicable law and are responsible for compliance with all such laws.  You may not use the Website in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.  You shall not post or transmit through the Website any material that violates or infringes in any way on the rights of others or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable.  You shall not post or transmit through the Website or infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of EP or any other person or entity.  You shall not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.  You are prohibited from using this Website to facilitate mail abuse or unsolicited email of any type (spam).  EP reserves the right to refuse service to you for violation of this paragraph or any of these Terms of Use.

9. Intellectual Property
Unless otherwise noted, all content on the Website, including downloadable written materials, is subject to intellectual-property rights including copyrights and trademarks held or licensed by EP.  Subject to these Terms of Use, EP grants you a non-exclusive, non-transferable, limited right to access, use and view this Website and the information thereon, including, without limitation, all text, design, graphics, drawings, photographs, video clips, music and sounds, and all trademarks, service marks and trade names used on this Website and the selection and arrangements thereof (collectively, the "Website Content"), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Website Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Website Content for any public or commercial purpose, including, without limitation, use of the Website Content on any other website or in any environment of networked computers, or transfer the Website Content to any other person without the prior written explicit consent of EP.  Except as expressly provided herein, no license to use or reproduce the Website Content is given to you and all intellectual property rights therein are expressly reserved.  Systematic retrieval of data or other Website Content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from EP is prohibited.

10. Submission of and Responses to Copyright/Intellectual Property Claims
For information on how to submit copyright or intellectual-property infringement claims or how to respond to such claims made against you, please see EP's Copyright/Intellectual Property Policy.

11. Security of Information
Although EP may provide certain security in an effort to protect the electronic transmission of certain information that you submit to EP through this Website, EP does not guarantee the security of any information transmitted to or from this Website, including to or from any third-party websites linked to this Website.  Submission of any financial (e.g. credit card) or other information to this Website or to any third-party websites linked to this Website is entirely at your own risk and responsibility. 

 12.  Privacy Policy
Registration data, if any, and other information about you is subject to the Website Privacy Policy.  By using the Website, you consent to the collection and use of this information in accordance with the Privacy Policy.

13.  Denial of Access
 EP, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Website.  The sending of an e-mail notice by EP to any e-mail address used by a person who is subject to the denial shall constitute complete and sufficient notice of the denial.  By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the Website upon issuance of a denial.

14. Modifications and Interruption to Service
EP will in good faith endeavor to provide uninterrupted service to the Website, but you acknowledge and accept that EP does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of EP's control.

15. Third Parties and Third-Party Sites
The Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties or advertisements by third parties.  You acknowledge that EP is not responsible for the availability of, or the content located on or through, any third-party site and that your use of these third-party sites is at your own risk and that it is your responsibility to take all protective measures to guard against viruses and other destructive elements.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and EP is not responsible therein.  If a third party links to the Website, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with EP or the Website.  EP makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor or other third party, and you acknowledge that any reliance on representations and warranties provided by any vendor or other third party shall be at your own risk. 

16. Governing Jurisdiction of the Courts of Tennessee
The Website is operated and provided in the State of Tennessee.  As such, EP is subject to the laws of the State of Tennessee.  Any legal issues arising from or related to your use of the Website shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Tennessee applicable to contracts entered into and wholly to be performed within Tennessee.  The state and federal courts of Marshall County, Tennessee, shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms of Use or the use of or visit to the Website.  By using the Website, and thereby agreeing to these Terms of Use, you consent to personal jurisdiction and venue in the state and federal courts in Marshall County, Tennessee, with respect to all such disputes.  EP makes no representation that the Website is appropriate, legal or available for use in other locations.  Accordingly, if you choose to use the Website, you agree to do so subject to the internal laws of the State of Tennessee.

17. Other Terms
If any provision of these Terms of Use shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between EP and you in relation to the Website.  EP's failure to insist on or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.  The Privacy Policy, the Copyright/Intellectual Property Policy and the File Download Agreement are a binding part of these Terms of Use, and together with these Terms of Use constitute the entire agreement between EP and you with respect to your use of this Website.  Any cause of action you may have with respect to your use of this Website or that is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises.

 




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