Terms and Conditions of Services
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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICES AND USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
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By selecting “I agree” on our checkout page, when enrolling, and/or making payment, Heart Horsemanship Online Classroom students agree to be bound by all Terms Of Service and understand that any violation of these terms may, at the discretion of Heart Horsemanship, result in termination from the program without refund of tuition, holding harmless Heart Horsemanship with respect to any such termination.
Jamie Stevenson and Heart Horsemanship are committed to providing all participants in the Heart Horsemanship Online Courses with a positive experience. Our online courses contain information that will help you take ownership of your horse's care and lifestyle while improving the relationship and communication with your horse as evidenced by results from students who focused and applied this information.
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I understand the following:
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Virtual Coaching & Online Course refund policy:
Due to the nature of Video Coaching and Online Courses, (non tangible digital goods), it is not possible to return the products and services. Therefore, we do not offer any refunds or exchanges for Video Coaching or Online Courses after purchase is made. If you are having any issues with the products or services, please contact us at hearthorsestables@gmail.com and we will do our best to resolve the problem.
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I CONFIRM THAT I HAVE READ THIS ENROLLMENT AGREEMENT, AND HAVE UNDERSTOOD THE CONTENTS.
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By my checkmark next to “I agree”, enrolling, and/or making payment I agree to be bound by the aforesaid Enrollment Agreement and understand that any violation of said Enrollment Agreement may, at the discretion of the Heart Horsemanship and Heart Horse Stables, LLC. result in my termination from the program without refund of tuition, and will hold harmless Heart Horse Stables, LLC with respect to any such termination.
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Copyright
The entire content of this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Jamie Stevenson and Heart Horsemanship. The collective work includes works that are licensed to Heart Horsemanship.
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Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Heart Horsemanship or purchasing Heart Horsemanship products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Heart Horsemanship or to purchase Heart Horsemanship products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Heart Horsemanship. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
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Trademarks
All trademarks, service marks and trade names of Heart Horsemanship used in the site are trademarks or registered trademarks of Heart Horsemanship and Heart Horse Stable, LLC.
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Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Heart Horsemanship disclaims all warranties, express or implied, including, but not limited to, implied warranties of fitness for a particular purpose and non-infringement. Heart Horsemanship does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Heart Horsemanship does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you
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Limitation of Liability
Heart Horsemanship shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Heart Horsemanship has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
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The information contained in Heart Horsemanship's programs is strictly for educational purposes. Therefore, if you apply ideas contained in the programs, you are taking full responsibility for your actions. Heart Horsemanship is not responsible for any of your actions.
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Typographical Errors
In the event that a Heart Horsemanship product is mistakenly listed at an incorrect price, Heart Horsemanship reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Heart Horsemanship reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Heart Horsemanship shall issue a credit to your credit card account in the amount of the incorrect price.
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Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Heart Horsemanship without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
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Notice
Heart Horsemanship may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Heart Horsemanship.
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Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Virginia, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Heart Horsemanship products) shall be in the state or federal courts located in Botetourt County, Virginia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Heart Horsemanship products) must be commenced within one (1) year after the claim or cause of action arises. Heart Horsemanship’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Heart Horsemanship may assign its rights and duties under this Agreement to any party at any time without notice to you.
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Heart Horsemanship does not warranty performance, effectiveness, or applicability of any sites listed or linked to in any programs. All links are for informational purposes only an are not warranted for content, accuracy, or any other implied or explicit purpose. Company names and product names mentioned in programs may be trademarked or registered trademarks of their respective companies and are hereby acknowledged.
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Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Heart Horsemanship or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
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Participation Disclaimer
Heart Horsemanship does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Heart Horsemanship is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Heart Horsemanship reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Heart Horsemanship in its sole discretion.
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Indemnification
You agree to indemnify, defend, and hold harmless Heart Horsemanship, its officers, directors, employees, agents and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
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Third-Party Links
In an attempt to provide increased value to our visitors, the Heart Horsemanship may link to sites operated by third parties. However, even if the third party is affiliated with Heart Horsemanship has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Heart Horsemanship. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Heart Horsemanship seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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OTHER POLICIES
1. Heart Horsemanship provides users with access to many online resources, including educational tools, products, services, programs and promotional specials through its website and network of advertisers and members. The Service is provided "AS IS" and Heart Horsemanship assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalized settings.
2. Heart Horsemanship reserves the right to charge a $25 service fee for any check that is returned due to insufficient funds.
3. Use of the Service by a User constitutes an implicit agreement by such User to be bound by all of the terms and conditions of this Usage Agreement, as set forth below. Each User is required to agree to these terms and conditions to use the Service. Users and other parties are separately bound by the terms of their separate agreements with Heart Horsemanship.
4. Each User acknowledges that the software contained in the Service, including any files, images incorporated in or generated by the software (collectively the "Software") as well as the data compiled in the Service ("Information") is protected by copyright law. Any reproduction, duplication, copy, sale, exploitation, redistribution or publication of the Software or Information is prohibited unless otherwise indicated.
5. This Agreement is executed and performed in the State of VIRGINIA and its validity, interpretation and performance shall be controlled by and construed under the laws of that state. Heart Horsemanship and User agree to submit to the personal and exclusive jurisdiction of the United States District Court for the District of VIRGINIA or any VIRGINIA state court sitting in the district within which Heart Horsemanship maintains its principal office.
6. The Service may only be used by individuals on their own behalf for their personal, non-commercial use, provided the User keeps intact all copyright and other proprietary notices, and not by any commercial entity, such as any corporations, partnerships or other non-natural entities without the express, prior written or electronic consent of Heart Horsemanship.
7. Heart Horsemanship reserves the right to alter or delete material from the Service, in its sole and absolute discretion, at any time, and may, at any time, revise the terms of this Usage Agreement and the conditions applicable to use of the Service by posting such changes on the web site. Such changes, additions or deletions shall be effective immediately upon posting or when any other reasonable method of providing notice is given. Users are bound by any such revision and should therefore periodically visit this page at least on a monthly basis to review the then current terms of this Usage Agreement. Any use of the Service after any such revisions shall be deemed to constitute acceptance of such changes, additions or deletions.
8. Heart Horsemanship makes no warranties, express or implied, as to the content contained in the Service, or to the accuracy or reliability of any information or statements contained therein. By using the Service, each User agrees not to rely on any of the information contained therein.
9. Each User agrees that any information provided by such User will be truthful, accurate and not misleading, to the best of the User's knowledge. Each User must maintain and promptly update his/her personal information to keep it true, accurate, current, and complete. Otherwise, Heart Horsemanship has the right to suspend or terminate User's account and refuse any and all current or future use of the Service.
10. All information about the User is subject to the Heart Horsemanship’s Privacy Policy described herein.
11. Each User will create their account identification and password upon completing the Service's registration and payment process. Users are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the Users' password or account. Users agree to immediately notify Heart Horsemanship of any unauthorized use of their password or any other breach of security. Heart Horsemanship will not be liable for any loss or damage arising from Users failure to comply with this Clause.
12. No User shall engage in any conduct that, as determined in Heart Horsemanship’s sole and absolute discretion, inhibits any other User from using or enjoying the Service. Each User agrees not to disrupt, interfere or otherwise impede the performance of the Service. No User shall upload, post, email, transmit or otherwise make available any material that contains software viruses or any other code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. No User shall intentionally or unintentionally violate any applicable local, state, national or international law. No User shall collect or store personal data about other users.
13. Recognizing the global nature of the Internet, Users agree to comply with all local rules regarding online conduct and acceptable content. Specifically, Users agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
14. Each User acknowledges that Heart Horsemanship reserves the right, in its sole and absolute discretion and for any reason, to delete or remove any Information (including without limitation Information which Heart Horsemanship determines, in its sole and absolute discretion, to be offensive, racist, lewd, profane, obscene, rude, abusive, defamatory or otherwise objectionable) provided for inclusion in the Service. Heart Horsemanship reserves the exclusive right to establish and modify the criteria for what constitutes offensive content.
15. Each User acknowledges that Heart Horsemanship shall have the right, in its sole and absolute discretion, for any or no reason, to restrict or terminate, either temporarily or permanently, such User's access to the Service, due to any violations of this Usage Agreement.
16. Each User acknowledges that Heart Horsemanship makes no representations whatsoever about any other Web site which Users may access through the Service, and that Heart Horsemanship has no control over the content on that Web site, and therefore no liability for any content.
17. Each User hereby agrees to defend, indemnify and hold harmless Heart Horsemanship and each applicable Partner, their officers, directors, employees, agents and licensees from and against any and all liability including expenses relating thereto, such as reasonable attorneys' fees, relating to or arising from such User's violation of the terms of this Usage Agreement or from such User's misuse or abuse of the Service.
18. Each User acknowledges and agrees that the use of the Service is at the User's sole risk. Each User acknowledges that any uploads or transmissions made by such User may be intercepted and used by an unauthorized third party and that all of the risk associated therewith is solely the User's. Heart Horsemanship and, as applicable, any Partner, makes the Service available on an "as is," available basis, without warranties of any kind, whether express or implied.
19. Each User acknowledges that the obligations of Heart Horsemanship and each applicable Partner are solely corporate obligations. No Affiliate, Subscriber, Partner, stockholder, director, officer, employee, consultant or member of Heart Horsemanship shall be subject to any personal liability whatsoever to a User, nor will any such claim be asserted (directly, derivatively or otherwise) by or on behalf of any User or any successors and assigns of any User.
20. Each User acknowledges that the sole remedy for any damages caused or allegedly caused by any failure of performance, error, omission, interruption, defect, delay in operation or transmission, or other cause associated with the Service, shall be to terminate such User's membership, if applicable, remove any Information provided by the User to the Alliance, and discontinue further use of the Service. In no event shall the Alliance 's total liability to a User for all damages, losses and causes of action (whether in contract, tort, including without limitation negligence, or otherwise) exceed the amount paid, if any, by a User for the Service.
21. Heart Horsemanship respects the intellectual property rights of others and requires those that visit our Web site to do the same. Heart Horsemanship may, in appropriate circumstances and at its discretion, remove or disable access to material on its Web site that infringes upon the copyright privileges of others. Heart Horsemanship also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity.
22. Any controversy, dispute or claim between Heart Horsemanship and any other party arising out of/or involving any Heart Horsemanship business relationship shall be resolved by binding arbitration. The arbitration shall be conducted in accordance with the Procedures of the American Arbitration Alliance. This arbitration agreement does not cause waiver or modification of either party's right to legal proceedings in a court residing in the same judicial jurisdiction as stated herein, to enforce any unpaid monetary debts by either party, as awarded by the arbitrator following Binding Arbitration. The parties agree to such venue as the forum of choice of the parties.
SAFE SHOPPING POLICY
Under federal law, a credit card issuer cannot make you liable for charges in excess of $50.00 that result from the unauthorized use of your credit card. There are similar federal laws that relate to debit cards. Exceptions do apply, and you will have to comply with the rules of your credit card or debit card issuer, so please contact your card issuer for further details. If a credit card or debit card issuer assesses you a fee because of the unauthorized use of your credit card or debit card on our site, Heart Horsemanship will reimburse you for such amount up to $50.00. Please contact our Customer Service for details.
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If you have questions about our Terms Of Service, contact us by email: hearthorsestables@gmail.com or Heart Horse Stables, Attn: Jamie Stevenson, 238 Longfield Road, Fincaslte, VA 24090
Effective Date: 03/27/2020