Terms & Conditions and Privacy Policy

TERMS OF USE

PLEASE  READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR OUR  SOCIAL MEDIA PLATFORMS. By using this website, you signify your consent  to these terms of use. If you do not agree to these Terms of Use, please  do not use the website.   

This website, blog and social media  platforms are owned and operated by Effective Equestrian, LLC – Carole  L. Curley (the “Company”).

The Company owns and maintains this  website and several social media platforms – such as Facebook (pages and  groups), Instagram, Twitter, YouTube, etc. – for your personal  education and information. Your use of and browsing on our websites and  other social media is at your risk. The Company is not liable for any  direct, indirect, incidental, consequential or punitive damages arising  out of your access to, or use of the websites, or the information  contained herein.

Your access to and use of this website, as well  as all related websites and platforms (collectively referred to as the  “Site”) is subject to these terms and conditions (“Terms of Use”) and  all applicable laws. By accessing and browsing the Site, you accept,  without limitation or qualification, the Terms of Use and acknowledge  that any other agreements between you and the Site are superseded and of  no force or effect:

Content

You agree  that the Site itself, as well as all content, videos, training  materials, products, services and/or other materials, made available on  the Site by us or other third parties, as well as the look and feel of  all of the foregoing, (collectively referred to as the “Content”) are  maintained for your personal use and information by the Company and are  the property of the Company and/or its third party providers.

Online  programs, videos, ebooks, audio, photos and images are either the  property of, or used with permission by the Company. You may download  material displayed on the Site for non-commercial, home personal use  only, provided you keep intact all copyright, trademark and other  proprietary notices. You may not, however, copy, reproduce, republish,  upload, post, transmit or distribute in any way the contents of this  Site including the ebooks, text, images, audio and video for public or  commercial purposes, without written permission from the Company.

Modification  of the Content or use of the Content for any other purpose is a  violation of the copyright and other proprietary rights of the Company,  as well as other authors who created the materials, and may be subject  to monetary damages and penalties. All Content, contained in the Site,  is copyrighted unless otherwise noted and is the property of the Company  and/or a supplier to the Company. No such materials may be used except  as provided in these Terms of Use. The Company does not warrant or  represent that your use of materials displayed on this website will not  infringe rights of third parties not owned by or affiliated with The  Company.

Accuracy of Information

The  Company uses reasonable efforts to publish accurate and up-to-date  information. However, the Company makes no warranties or representations  as to the accuracy of the information. The Company assumes no liability  or responsibility for any errors or omissions in the contents of this  website or any other publications. The Company is not responsible for  any links to third party sites nor the functioning thereof.

Submission

You  may post reviews, comments, send communications and submit suggestions,  ideas, comments, questions, or other information on our platforms, so  long as none of these materials are illegal, obscene, threatening,  defamatory, invasive of privacy, infringing on intellectual property  rights, or otherwise injurious to third parties or objectionable and do  not consist of or contain software viruses, political campaigning,  commercial solicitation, chain letters, mass mailings, or any form of  “spam.” You may not use a false email address, a fake account,  impersonate anyone, or otherwise mislead as to the origin of any  content.

We reserve the right to remove or edit any such content.

Any  communication or material you transmit to our public websites and our  social media will be treated as, non-confidential and non-proprietary.  Anything you transmit or post on our website and other social media  platforms may be used by the Company for any purpose, including but not  limited to reproduction, disclosure, transmission, publication,  broadcasting and posting.

The Company is free to use any ideas,  concepts, know-how, or techniques contained in any communication you  send to the website or other social media for any purpose whatsoever,  including but not limited to evaluating, critiquing, developing,  publishing, and marketing products using such information.

If you  send comments or suggestions about the Site to the Company, including,  but not limited to, notes, text, drawings, images, designs or computer  programs, such submissions shall become, and shall remain, the sole  property of the Company. No submission shall be subject to any  obligation of confidence on the part of the Company. The Company shall  exclusively own all rights to (including intellectual property rights  thereto), and shall be entitled to unrestricted use, publication, and  dissemination as to all such submissions for any purpose, commercial or  otherwise without any acknowledgment or compensation to you.

When  you register with the Company and/or this Site, you expressly consent  to receive any notices, announcements, agreements, disclosures, reports,  documents, communications concerning new products or services, or other  records or correspondence from the Company. You consent to receive  notices electronically by way of transmitting the notice to you by  email.

Trademarks and Logos

The trademarks, and logos, displayed on the Site, are trademarks of the Company and may not be used without written permission.

Revisions

The  Company reserves the right, in our sole discretion, to change, modify,  add or delete portions of these Terms of Use at any time without notice,  and it is your responsibility to review these Terms of Use for any  changes.

Links

This Site may contain  links to other websites operated by third parties other than the  Company, such as links to additional educational resources.

When  you click on a link that directs you away from the Site, the site to  which you are directed may not be controlled by the Company and  different terms of use and privacy policies may apply which you should  carefully read and evaluate. Your linking to any other off-site pages or  other sites is at your own risk.

You acknowledge that we are not  responsible for examining or evaluating, and that we do not warrant the  offerings of, any such third party or the content of their sites. We do  not assume any responsibility or liability for the actions, products,  or content of any third party or any third party site. We reserve the  right to disable links from or to third-party sites, although we are  under no obligation to do so.

Unauthorized Access

The  Company shall use commercially reasonable efforts to restrict  unauthorized access to our data and files. However, you acknowledge that  it may be possible for an unauthorized third party to access, view,  copy, modify, or distribute the data and files you store or submit using  the Site. Use of the Site is completely at your own risk.

Liability

NEITHER  THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR  MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE  UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,  INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF  THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS  PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR  IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF  MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES  NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE  MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE  SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD  THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS,  ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY DOES NOT WARRANT THAT  USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS  WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS  AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL  COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY  REPAIRS OR CORRECTIONS.

THE COMPANY SHALL NOT BE RESPONSIBLE FOR  ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR  THIRD PARTY SERVICE PROVIDER (including, for example, your web service  provider service, Paypal payment services, your software and/or any  updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE  GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE  COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER  THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. IN  NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL,  INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER  FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF  PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR  GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR  SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT  IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO  USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH  RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL  APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE  POSSIBILITY OF SUCH DAMAGES

Termination of Use

THE  COMPANY RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE  CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT  YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY  OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT  TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS  AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY MAY, IN  ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE  SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH  THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY  (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT,  REGARDLESS OF THE REASON FOR DISRUPTION.

Effective Equestrian Programs and Live Events Disclaimer & Liability

The  sole purpose of the Company and the Trainer In Your Pocket™ program is  to provide educational materials and coaching in the area of  self-mastery and mastery of dressage riding. Under no circumstances will  the Company or any of its officers or representatives be held liable  for any special or consequential damages that result from the use of,  the improper use of, or the inability to use the information or  strategies communicated to you through the Effective Equestrian Site and  Trainer In Your Pocket™ program.

By participating in the  Effective Equestrian Community you hereby waive and release the Company  to the full extent permitted by law from any and all claims relating to  the use of and/or reliance on the information and content provided to  you. In no event shall the Company, its officers or representatives be  held liable for any injury, loss or damage resulting from the use of, or  reliance upon, the provided materials.

The Trainer In Your  Pocket™ program does not guarantee results. Your results in your  self-mastery and mastery of dressage riding will be completely dependent  on your understanding of the coaching materials and your effort to  apply it.  Any coaching or advice given is for educational purposes only  the application of which to your situation and your horse is solely  your responsibility.  You are responsible for your own choices, actions,  and results. Every situation is different and the advice and strategies  contained or offered by the Company may not be suitable for your  situation.

BY USING THE COACHING MATERIALS PROVIDED ON THIS SITE  AND RELATED PROGRAMS, YOU ACKNOWLEDGE THAT YOU ARE FULLY AWARE AND FULLY  UNDERSTAND THAT ALL HORSES ARE UNPREDICTABLE AND THAT RIDING HORSES OR  PONIES IS A DANGEROUS SPORT WHICH CAN RESULT IN INJURY OR DEATH. BY  BEING PERMITTED TO PARTICIPATE IN RIDING ACTIVITIES, WHETHER LIVE OR  ONLINE, WITH CAROLE CURLEY AND EFFECTIVE EQUESTRIAN, LLC AND ANY RELATED  PROGRAMS, YOU ASSUME THE RISK OF RESPONSIBILITY FOR INJURY AND AGREE  THAT YOU HEREBY RELEASE CAROLE CURLEY AND EFFECTIVE EQUESTRIAN, LLC, ITS  OWNERS, EMPLOYEES, AND ASSOCIATES, AND ANY PROPERTY OWNERS, HOSTS,  JUDGES, OR CLINICIANS, FROM ALL LIABILITIES INCLUDING NEGLIGENCE, BY  REASON OF INJURY TO THEMSELVES, THEIR ANIMALS, THEIR GUESTS, OR THEIR  PROPERTY DURING RIDING ACTIVITIES.  RIDING ACTIVITIES INCLUDES BUT IS  NOT LIMITED TO, RIDING LESSONS, TRAIL RIDES, PRACTICE RIDES, TRAINING  RIDES, HANDLING AND WORKING AROUND HORSES BEFORE AND AFTER RIDING,  COMPETING AND TRAVELING TO/FROM HORSE RELATED EVENTS.  ONLINE ACTIVITIES  INCLUDES BUT IS NOT LIMITED TO RIDING EVALUATIONS AND COACHING, ONLINE  EDUCATION PRESENTATIONS SUCH AS ONLINE COLLABORATIVE SERVICES INCLUDING  WEBINARS, WEBCASTS, LECTURES, AND WEB MEETINGS OR SEMINARS.

You  agree to wear safety equipment including a helmet approved for horseback  riding and hard boots with a heel, at all times when mounted on a  horse.  You agree that Carole Curley and Effective Equestrian, LLC, its  owners, employees, and associates, have permission at a live event to  initiate emergency first aid treatment or to authorize emergency medical  treatment by qualified medical personnel for the student, his or her  children and animals in case of an accident or other emergency.

You  agree that you are fully responsible at a live event for any guest(s)  that you may bring to participate or observe the riding activity.  You  understand that you are responsible for fully informing the guest(s) of  all risks related to the handling or riding of horses, and are  responsible for ensuring that the guest(s) comply with all safety rules  and policies.  Any photos or videos taken by the Company or its  representatives during the activity are hereby released for use for  educational or promotional purposes.

Payments and Pricing

The  Company uses prices that depend on the services and products. From time  to time, and without notice, the Company may decide to change the  prices for the programs and products to reflect any increase in costs.

Lesson Package Pricing and Terms

The  Company from time to time may offer discounted packages for instruction  services.  Price and period of performance may vary and will be  advertised at time of offer.  All package sales are final and no refunds  will be provided for any reason, whether the service was utilized by  the customer or not. 

Cancellation & Refund Policy

By  using and/or purchasing any of our Training Programs, Products, and  Services, you understand and agree that all sales are final and no  refunds will be provided for any reason.

If a rider cancels their  participation in a live event, no refund will be provided for any  reason with the exception that if the rider can schedule another paid in  full rider in their place.  Upon cancellation during the live event no  fee will be refunded.

The Company, at its sole discretion may  cancel an event or program. In the case of such cancellation by the  company, there will be a 100% refund of the total fee.

Trainer In Your Pocket™ Program

Your  initial membership payment for the first month, after any free trial  period has passed, is non-refundable once you access the program. The  subscription payment is automatically processed and no refunds will be  provided for any reason once a payment is processed. The program offers a  limited number of on-demand services per month, and monthly fee will be  charged whether or not you utilize any of the services.

To  unsubscribe from the program, contact info@effectiveequestrian.com at  least 14 days before the date your next scheduled payment will be  processed.

2020 Terms of Use, Effective Equestrian, LLC

Privacy Policy

The  Site’s various mailing lists, downloads, special offers, contests,  registration forms, release forms and surveys may request that you give  us contact information such as your name, mailing and/or e-mail address,  and demographic information such as your age and gender. Information  submitted at the time of submission will be used by the Company only as  necessary for our legitimate business interests, including without  limitation the improvement of our products, services and the contents of  the Site. The Company may also share such information with our business  and promotional partners to further those interests. Personally  identifiable information is never sold or leased to any third parties.  With your permission, we may use your contact information to send you  information about our company and products. You may always opt-out of  receiving future mailings as provided below. The Company does not store  any credit card information it may receive in regard to a specific  transaction and/or billing arrangement except as necessary to complete  and satisfy its rights and obligations with regard to such transaction,  billing arrangement, and/or as otherwise authorized by a user.

The  Company may disclose user information in special cases when we have  reason to believe that disclosing this information is necessary to  identify, contact or bring legal action against someone who may be  causing injury to or interference (either intentionally or  unintentionally) with the Company’s rights or property, other users of  the Site, or anyone else that could be harmed by such activities.

Individuals Age 18 and Under: The  Company recognizes the special obligation to protect personally  identifiable information obtained from individuals age 18 and under. ANY  USE OF THE SITE OR TRAINING PROGRAMS BY INDIVIDUALS 18 YEAR OF AGE AND  YOUNGER MUST BE ACCOMPANIED BY SIGNATURE PERMISSION OF A PARENT OR  GUARDIAN.

Malware/Spyware/Viruses: Neither the Company nor the Site knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.

Links to External Sites: The Company is not responsible for the content or practices of third  party websites that may be linked to the Site. The Company is also not  responsible for any information that you might share with such linked  websites. You should refer to each website’s respective privacy policy  and practices prior to disclosing any information.

Social Media, Email and Messaging: Guests of the Site are solely responsible for the content of messages  they post on the Company’s platforms, such as social media or comments  sections. Users should be aware that when they voluntarily disclose  personal information (e.g., user name, e-mail address, phone number) on  the bulletin boards or in the chat areas, that information can be  collected and used by others and may result in unsolicited messages from  other people. You are responsible for the personal information you  choose to submit in these instances.

Some of the Company’s  training programs are facilitated by third party instant messaging,  video and email services.  THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY  BREACH OF PRIVACY CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY  SERVICE PROVIDER (including, for example, your web service provider  service, Paypal payment services, YouTube, Facebook, Messenger, your  software and/or any updates or upgrades to that software). ANY SUCH  PRIVACY PROBLEM SHALL BE GOVERNED SOLELY BY THE PRIVACY AGREEMENT  BETWEEN YOU AND THAT PROVIDER. By communicating over any such platform  to the Company, you accept that you do so at your own risk.

Contact  Information for Complaints or Concerns: If you have any complaints or  concerns about the Company or about this privacy statement, please  contact: info@effectiveequestrian.com.  Information provided by you via  general e-mail inquiries to the Company such as your e-mail address is  used only to respond to your inquiries in the ordinary course of  business, and is never shared with or sold to third parties.

Security: Security for all personally identifiable information is extremely  important to us. Unfortunately, no data transmission over the internet  can be guaranteed to be 100% secure. As a result, while we strive to  protect your personal information, The Company cannot ensure or warrant  the security of any information you transmit via the internet. By  transmitting any such information to the Company, you accept that you do  so at your own risk.

Your Acceptance of These Terms:  By using the Site, you accept the policies and restrictions set forth  in this Online Privacy Policy. If you do not agree to this policy,  please do not use the Site. This Online Privacy Policy may be revised  from time to time by updating this posting. You are bound by any such  revisions and should therefore periodically visit this page to review  the then current Online Privacy Policy to which you are bound.

2022 Privacy Policy, Effective Equestrian, LLC