By signing up for or using the Service, you agree to the Terms and Conditions of Use Last updated: December 19, 2020
Welcome to The Horsemanship Journey, The Horsemanship Journey LLC and/or its affiliates ("THJ") provide website features and other products and services to you when you visit or shop at, TheHorsemanship Journey, use The Horsemanship Journey products or services, use The Horsemanship Journey applications for mobile, or use software provided by The Horsemanship Journey in connection with any of the foregoing (collectively, "THJ"). The Horsemanship Journey provides The Horsemanship Journey Services subject to the following conditions.
By using The Horsemanship Journey Services, you agree to these conditions. Please read them carefully.
We offer a wide range of services, and sometimes additional terms may apply. When you use a service, you also will be subject to the guidelines, terms and agreements applicable to that service ("Service Terms").
These (THJ) Conditions of Use, the rules, policies and guidance we provide regarding the Service, and the following terms (collectively, as they may be changed over time, the "Terms") form a part of this agreement and govern your use of the Service.
1. Disclaimer Liability
Equestrian training can be a hazardous activity which may subject the participants to possible serious injury or death. THJ will not assume any liability for your activities. This video, and any content you may receive or have access to from THJ provides general information, instruction and techniques that may not be suitable for everyone. No warranty is given regarding the suitability of this information instruction and techniques to you or other individuals acting under your direction. THJ has taken reasonable efforts to ensure that the information contained in THJ content is accurate; however, all information is provided "as is" without any express or implied warranties, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL THJ BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES. All users of the information agree that access to any use of the information is subject to the terms and conditions set forth on this "Legal Notices" page, as well as all applicable laws, and such access and use is at the user's own risk. These terms and conditions are subject to change from time to time without notice by updating or revising this "Legal Notices" page.
2. Copyright Notice for all pages on this web site:
The Horsemanship Journey, The Horsemanship Journey LLC, All Rights Reserved. Any reproduction of these pages for commercial purposes or for distribution to other persons is a violation of United States Copyright law and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works or in any other way exploit any of The Horsemanship Journey copyrighted works without first obtaining The Horsemanship Journey written consent. You may not view, reproduce, print or otherwise use any of the content of this web site for anything other than your personal, informational, non-commercial use. Any reproduction must include the copyright notice set forth above.
3. Trademark Notice
All product names, trademarks, service marks or other images in this web site are either the property of, or used with permission by, The Horsemanship Journey, The Horsemanship Journey LLC, and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited. All other product names contained on this web site may be trademarks or service marks of other persons.
Your Account; Notification Preferences
If you do not have a thehorsemanshipjourney.com account, you will need to establish an account with thehorsemanshipjourney.com to use the Service. The payment methods on file with your thehorsemanshipjourney.com account will be used for your account.
Membership Plans
As part of our Service, we may offer membership plans and may change them and their features from time to time. If you sign up for a membership plan, you agree to the terms, conditions and limitations associated with them that are posted on our websites or applications.
Credits
As part of a membership plan or a Service promotion, we may issue you credits redeemable for content on the Service ("Credits"). Credits may only be redeemed on the Service, have no cash value, are non-transferrable and non-refundable. All Credits are valid for a limited time as described in the applicable membership and promotional terms and conditions. Credits expire immediately upon the cancellation or termination of your membership unless used prior to cancellation or termination.
Purchased Content
Purchased content is not available for you to download.
Promotional and Membership Content
We may make content available to you from time to time through the Service for which a purchase is not required. You will have access to this content only for so long as we make it available generally or, where it is provided as a benefit of a membership plan, for so long as you remain an active member of your plan in good standing. We may also remove this content from your account, devices and applications or otherwise restrict your ability to access it.
Content Availability
We may add or remove purchasable, promotional and membership content (collectively, "Content") from our catalog, membership plans and our Service at any time and make no guarantee as to the availability of specific Content in any membership plan or as to any minimum amount of Content in any membership plan. Some of our Content may be offered in limited territories, and we may use geofiltering technology to restrict access outside of those territories.
Fees and Renewal
Fees for purchased content, membership plans, subscriptions and other services will be stated at the time of your purchase or sign-up, as applicable, and provided in our help pages. The fees for membership plans may change at any time. Fees may be subject to tax, collected by us or a third party through which you transact, and are non-refundable except in the specific circumstances described in these Terms. We only accept credit cards for payment of your membership fees.
If your membership plan or subscription involves a recurring payment of a fee, unless you notify us before a charge that you want to cancel or do not want to automatically renew your membership or subscription, you understand it will automatically continue and you authorize us, or a third party through which you transact (without notice to you, unless required by applicable law) to collect the then-applicable fees and any taxes, using any credit card we have on record for you.
If all credit cards we have on file for you are declined for payment of your membership or subscription fees, we may cancel your membership or subscription, as applicable, unless you provide us with a new credit card. If you provide us with a new credit card and are successfully charged before your membership or subscription is cancelled, your new membership or subscription period will be based on the original renewal date and not the date of the successful charge.
Membership and Subscription Cancellation
You may cancel your membership plan and any subscriptions by contacting our Customer Service team by email, physical mail or by phone. If you cancel your membership or subscription, you will not receive a refund of any fees already paid. Your member benefits terminate when your membership is cancelled. Cancellation terminates your license and access to purchased content.
Service Restrictions
We reserve the right to accept or refuse membership or to restrict use of the Service in our discretion. You may not transfer or assign your membership or any Service benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of content or other services that can be accessed from the Service at any one time.
Content Restrictions
You may not (i) transfer, copy or display Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any Content; (iii) remove any proprietary notices or labels on Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other protection system applied to Content or used as part of the Service; or (v) use the Service or Content for any commercial or illegal purpose.
Promotional Trial Memberships
We sometimes offer certain customers various trial or other promotional memberships, which are subject to the Terms except as otherwise stated in the promotional offers. We reserve the right, in our sole discretion, to determine your eligibility. Trial members may, at any time (through your Account Details), choose not to continue to paid membership by cancelling prior to the end of the trial period. If a trial offer or a promotion requires you to have a valid payment instrument on file, such as a credit card or other permitted payment method, we may validate that payment method including by requesting a temporary authorization from the financial institution issuing your payment instrument. If we determine that your payment instrument is invalid, without limiting any of our other rights, we may revoke any benefits, Credits or Content you may have received as part of the offer.
Agreement Changes
We may, in our discretion, change the Terms and all elements of them and any aspect of the Service, without notice to you. If any change to the Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the Terms. Your continued use of the Service after we change the Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must not use the Service and must cancel your membership.
Termination by Us
Our business may change over time, and we reserve the right to cancel the Service and any membership plan in whole or in part, and to terminate your membership and use of the Service at our discretion without notice. If we do so, we will give you a prorated refund based on the number of days remaining in your membership unless we terminate your membership for conduct that we determine, in our discretion, violates the Terms, violates any applicable law, involves fraud or misuse of the Service, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of our rights.
Disputes
Any dispute or claim relating in any way to these Terms, or your use of the Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Any dispute or claim arising from or relating to these Terms, or your use of the Service is subject to the governing law, disclaimer of warranties, limitation of liability and all other terms in the The Horsemanship Journey Legal Notices and Terms of Use.
PRIVACY
Please review our Privacy Notice which also governs your use of THJ Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use The Horsemanship Journey, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other, The Horsemanship Journey services such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any THJ Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of THJ or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any THJ Service is the exclusive property of a The Horsemanship Journey and protected by U.S. and international copyright laws.
TRADEMARKS
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any THJ Service are trademarks or trade dress of THJ in the U.S. and other countries. The Horsemanship Journey trademarks and trade dress may not be used in connection with any product or service that is not The Horsemanship Journey, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits THJ. All other trademarks not owned by THJ that appear in any THJ Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Horsemanship Journey.
PATENTS
One or more patents owned by The Horsemanship Journey apply to the THJ Services and to the features and services accessible via the THJ Services. Portions of the THJ Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, The Horsemanship Journey or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the THJ Services. This license does not include any resale or commercial use of any THJ Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any THJ Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by The Horsemanship Journey or its licensors, suppliers, publishers, rightsholders, or other content providers. No THJ Service, nor any part of any THJ Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of THJ. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Horsemanship Journey without express written consent. You may not use any meta tags or any other “hidden text” utilizing The Horsemanship Journey’s name or trademarks without the express written consent of The Horsemanship Journey. You may not misuse the THJ Services. You may use the THJ Services only as permitted by law. The licenses granted by THJ terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
You may need your own THJ account to use certain THJ Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. THJ does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the THJ Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their household. THJ reserves the right to refuse service, terminate accounts, terminate your rights to use THJ Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation