COLLECTION AND USE OF PERSONAL INFORMATION
We only collect personal information that includes your first and last name and your email. This will be collected when you (1) register on the Site; (2) to contact us; (3) to fulfill requests for products or services; to contact you when necessary; (4) to review Site usage and operations; (5) to address problems with the Site, our business or our products and services; and (6) to protect the security or integrity of the Site and our business. This personal information may be collected from you during either online or offline transactions or contact with us. We consider information that personally identifies you, such as your name, email address, billing information for our billing vendor and other data that is linked to such information, to be personal information.
ACCESS TO INFORMATION YOU PROVIDE TO US
You may access any personal information you provide to us, correct or modify any such personal information, or direct us to make no further use of your personal information. To do so, please send an email with your request to email@example.com
DISCLOSURE OF INFORMATION
We may transfer or otherwise disclose information collected from and about you to the following entities for the following purposes: (1) to our employees, independent contractors, subsidiaries, affiliates, consultants, business associates, service providers and suppliers, if the disclosure will enable any of these entities to perform a business, professional or technical support function for us; (2) to our employees, independent contractors, service providers and suppliers, to fulfill a product or service request; (3) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety as required by law.
We have taken certain physical, electronic, contractual and managerial steps to safeguard and secure the information we collect from Site visitors. Unfortunately, however, no data transmission over the Internet can be guaranteed 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to or from our Site, and you do so at your own risk. Accordingly, we disclaim liability for any theft, loss, or interception of, or any unauthorized access or damage to any data or communications. By using our Site, you acknowledge that you understand and agree to assume these risks.
As a practical matter, always sign out from your account and close your browser window when you have finished your visit to our Site. This ensures that others cannot access your account, which is especially important if you are sharing a computer with someone else or are using a computer in a public place. You are responsible for maintaining the confidentiality of your account password, and you are responsible for any access to or use of our Site by any person or entity using your password, whether or not such access or use has been authorized by you.
CHILDREN UNDER 13 AND MINORS UNDER 18
Our Site is not directed to children under the age of 13, and we do not knowingly collect any personal information from children under 13. The Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site – talk to your parents/legal guardians about what sites are appropriate for you.
You also affirm that you are either 18 years of age or over, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with these Terms. You affirm that you are age 18 or over, as the Site is not intended for minors under 18. If you are under 18 years of age, then please do not use the Site – talk to your parents/legal guardians about what sites are appropriate for you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HCE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY. PROPERTY DAMAGE OR INJURIES TO HORSES, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND ITS COURSES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT HCE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF USER OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Site is controlled and offered by us in the United States of America. HCE makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
ASSUMPTION OF RISK AND RELEASE OF LIABILTY FOR EQUESTRAIN AND ALL RELATED ACTIVITIES
You knowingly and freely assume all risk when using the Site and its online courses and while engaging in any equestrian activity whatsoever whether directed by the Site by its online courses or by others. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify HCE from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you, your horses or to third parties, that may result from your use of the Site or from information learned from the Site including but not limited to its online courses.
CHANGES TO TERMS
HCE may change these Terms from time to time with or without notice to you. The most current version of these Terms can be found on the Site. Check periodically for changes. The most current version of these Terms supersedes all previous versions. Your use of the Site after changes are made means that you agree to be bound by such changes.
DISCUSSION, MEDIATION AND BINDING ARBITRATION, GOVERNING LAW AND ATTORNEY’S FEES, COSTS AND EXPENSES
You agree that with regard to any and all claims or disputes arising in connection with your use of this Site, they shall be handled as follows: a) For all matters, including those within the limits for a Small Claims Court case, you agree to make best efforts to resolve any disputes informally by mutual and respectful discussions with HCE as a first step; b) Should these informal discussions fail, then you agree to try a mediation process before an impartial mediator acceptable to HCE and you. This applies to Small Claims matters as well as matters that exceed Small Claims’ jurisdiction. Costs of same will be paid for by both HCE and you equally; c) If mediation efforts fail for matters valued within the limits set forth for Small Claims Court actions, then either HCE or you can proceed to file a Small Claims action; d) You and HCE agree, that for disputes or claims that have not been resolved by either a. or b. and that also exceed the jurisdictional amount allowed in Small Claims matters, to have the claim or dispute decided by BINDING arbitration conducted in accordance with the then existing rules of the American Arbitration Association by one arbitrator appointed in accordance with said rules and under California law. Said arbitration shall take place in Santa Clara County, California. You and HCE agree and acknowledge that this process relinquishes their right to a jury trial and HCE and you agree to the use of Binding Arbitration in its stead.
You also agree that these Terms shall be interpreted in accordance with the laws of the State of California. Any dispute concerning these Terms or any indemnification hereunder, shall be adjudicated or mediated in the competent jurisdictions of the County of Santa Clara, State of California. You agree that with any legal action brought in connection with these Terms, which includes, but is not limited binding arbitration, the prevailing party has the right to collect all reasonable fees, expenses and costs from the breaching or losing party.