Equefit Club Terms of Use

Effective Date: November 15, 2022

These Terms of Use ("Terms") govern your access to and use of the www.equefit.com (“Website”) and the products and services that are accessed through the Website (“Services”) owned by Equefit, LLC (“Equefit”, “we”, “us”, or “our”). Please read these Terms carefully, and contact us if you have any questions.

BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE AND THE SERVICES OR USING THE PRODUCTS, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.  WE RESERVE THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THESE TERMS IN OUR SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

The Website and the Services are intended only for users in the United States of America. If you access this website from outside of the United States, you are responsible for compliance with local laws.

  1.   Website, Products and Services.

 In order to use the Website and the Services, you are agreeing to these Terms which, among other things, set forth the guidelines and rules for lawful and appropriate use of the Website, the forums on the Website, and the products and services, both for visiting users and registered users.

 We do not charge for the use of the Website, however, access to certain Services and purchase of products require payment. Our Privacy Policy governs the data we collect about you. We do not sell or share your data outside of Equefit.

 You may use the Website only if you can legally form a binding contract, and only in compliance with these Terms and all applicable laws. The Website and the Services are intended only for users over the age of 18.  Anyone under 18 must have a parent or guardian’s permission to use the Services, and such parent or guardian is responsible for any actions of the user. Any use or access by anyone under the age of 16 is not allowed.

 The Website is also intended for users who have previous experience with horses.

 

While you can visit the Website without registering, access to most of the products and services require you to register in order to gain access.  These include the educational video content, articles and tools regarding horse training, and submitting and posting content on forums. It is a condition of your use of this site that all the information you provide to us and on the Website will be correct, current, and complete. We have the right to refuse you access to the Services or terminate or suspend your account at any time if we have reason to suspect or believe that you have provided incomplete or inaccurate information.  

  1.   Password. A password is required to log into and use some the Website’s features and the Services. It is your responsibility to keep your password secure and not share it with others. We are not responsible for the actions of any individuals who misuse or misappropriate your identity or other assets using your username (if applicable) and password or any other damages resulting from an unauthorized use of your account. Please notify us immediately if your account has been breached or compromised or used in any unauthorized manner.
  2.   Ownership and Grant of Rights. The Website and Services including the products and content that is provided by Equefit (including, but not limited to, all information, text, graphics, images, design, selection and arrangement compilation, logos, word marks, trademarks, slogans and trade dress) are owned by Equefit or its licensors and are protected by copyright, trademark, trade secret and other intellectual property or proprietary rights law, as applicable. Without limiting the foregoing, all content that is part of the Services (including products) is protected by copyright or other proprietary rights. Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services. Your ability to share content on the Website does not transfer any right, title or interest in or to such content to you.

You agree to use the Website and Services only for personal use. You will not download, publish, republish, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, reverse engineer, store or transmit any of the material contained on the Website or as part of the Services (including the products) or in any way exploit the content in whole or in part. You agree not to modify copies of materials or content from the Website or Services (including the products) or delete or alter any copyright, trademark or other proprietary rights or attribution notices.

  1.   Restrictions on Use. You agree to access and use the Website and Services for purposes expressly permitted herein. As a condition of your use, you agree and warrant to us that you will not use the Website or Services for any purpose that is unlawful or prohibited by these Terms. We reserve the right in our sole discretion to disable or suspend your account, terminate your account and access, remove your content, and take any other lawful acts if you violate this section.

 Some prohibited uses include:

  • Downloading, copying, distributing or in any way displaying any content from the Website or Services (other than as provided herein) without our written permission.
  • Advertising or soliciting, directly or indirectly, including by posting links or sending messages to any other user in order to engage in commercial activity, multi-level marketing, contests or other similar activity.
  • Using information obtained from the Service in order to contact, advertise to, solicit, or sell products or services to any user without their prior explicit consent.
  • Using the services to transmit junk or spam mail.
  • Using the Website or Services in any manner which could disable, overburden, damage, or impair the Website, disrupt the Services, or interfere with anyone’s use and enjoyment of the Website. This is including but not limited to introducing viruses, worms, harmful code and/or Trojan horses or any other code, files or programs designed to interrupt, destroy or limit the functionality of computer software or hardware.
  • Displaying or posting material that is pornographic or explicitly sexual, illegal, related to illegal drugs, criminal activity, or sex trafficking, or relating to pirating computer programs or making or using weapons.
  • Displaying or posting materials or content that is grossly offensive including, but not limited to, bigoted, racist, hateful, abusive, profane, obscene, lewd, violent or otherwise objectionable in our discretion.
  • Posting or sharing content that is libelous, defamatory, scandalous, threatening or harassing.
  • Posting content that is copyright protected by a third party or otherwise in which user does not have rights.
  • Advocating, encouraging, or promoting violence against any person, business, government, organization, group or otherwise or providing any information or assistance to further carry out such violence.
  • Obtaining password, account or private information from another user of the Service or disclosing any personally identifiable or private information without consent.
  • Violating any laws (including but not limited to intellectual property laws).
  • Using the Services other than as intended, for example, in connection with other animals.
  • Significant or repeated posting on topics other than horse-training.
  • Posting that contains potentially harmful misinformation about horse training or horses or is knowingly or dangerously harmful to horse training or horses (such as showing or encouraging abuse or mistreatment).

We reserve the right to suspend, terminate or otherwise disable your access to the Website and/or the forums or other Services, immediately and without giving any notice to you and without paying an compensation to you, at any time, for no reason or for any reason whatsoever, including but not limited to, if we believe in our sole discretion that you are not in compliance with all of the provisions of these Terms.

We also reserve the right to disclose any information as necessary to satisfy any legal, regulatory or law enforcement request with respect to your use of the Services or your content.

  1.   Communications. The Website contains communication tools such as forums and other functionality designed to allow you to communicate with other users. You agree to use these communication tools only to post, send and receive messages and content that are proper and comply with Section 4 above. You are solely responsible for the content of your communications and acknowledge and agree that we are not responsible for anything that you post, submit or write on or through our Website or the Services.
  2.   Your Content. Subject to complying with Section 4 above, you can post content including photos, comments, links, and any other materials pursuant to these Terms. Anything that you post is “User Content” in which you retain all rights and are solely responsible for. You hereby grant to us and our other users a non-exclusive, royalty free, transferable, sublicenseable license to use, store, display, transmit, reproduce, save, modify, create derivative works, perform, and distribute your User Content on the Website and through the Services. Further, we shall have the right to use your User Content in connection with marketing, advertising and otherwise promoting the Website or our Services.

 We reserve the right to remove or modify any User Content or change the way it is displayed, accessed, presented, or used on the Website for any or no reason, including, but not limited to for a violation of these Terms.

 If you post content on our Website that you are not the owner of, you must have a valid license to so post or share. By posting or sharing, you are representing and warranting that you have such right and the right to grant to us a non-exclusive, royalty-free, transferable, sublicenseable license to use, store, display, transmit, perform, reproduce, distribute, modify, save, and create derivative works of. Do not post or provide any User Content that you do not have the right to publish or that is illegal, infringing or otherwise tortious. You are solely responsible for the consequences of posting or sharing User Content. Without limiting anything else herein, you expressly agree that you will indemnify, defend, and hold Equefit, its owners, officers, directors, employees, agents, successors and assignees, against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with or resulting from a violation of this paragraph. 

 Following termination or deactivation of your account, or if you remove any User Content from the Website, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. We may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through the Services.

 If you submit feedback to us about our Website or Services or publicly share or post feedback, including, but not limited to, product reviews, we can use such feedback in any way we see fit without any compensation or credit due to you, and you waive all rights in and to such feedback.

  1.  Links. The Website may contain hyperlinks to non-Equefit websites. We are not responsible for the content or availability of any linked website.  We have no control over the content of any independent websites accessed from the Website. We are not responsible or liable for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you access any third party website, service, or content from our Website, you do so at your own risk and you agree that we have no liability arising from your use of or access to any third party website, service, or content.
  2. No Implied Endorsements. In no event shall any link or other reference to any third party or third party content, product or service be construed as an approval or endorsement by Equefit of that third party or of any content, product or service provided by a third party. Links to third party sites are not to be construed as endorsements, sponsorships or affiliations with us. In addition, nothing contained in the forums shall be deemed to be an endorsement, and participation in the forums is at your own risk.
  3. Ordering and Cancellation. You have the right to disable your account and terminate your access to the Services at any time by following the instructions for cancellation found on the Website or by contacting the contact information below. Access to the Website, purchase of the Services, and purchase of any products which may be delivered by electronic download or email are all non-refundable, and no refunds will be granted.

With respect to purchases made through the Website, you represent and warrant that you have the legal right to use the payment method supplied to us through our third party processor, and that all information that you supply in connection with such transaction is accurate.

  1. Indemnification. You hereby agree to defend, indemnify and hold harmless Equefit, its owners, officers, directors, employees, agents, successors and assignees, against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that: (i) arises from any alleged or actual breach of the Terms; (ii) arises from any content or messages you submit or distribute using the Website and/or Services; or (iii) otherwise arises from or relates to your use of the Website or Services. In addition, you acknowledge and agree that we have the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with these Terms, and that such damages may include, without limitation, direct, indirect, special, incidental and consequential damages.  
  2. Disclaimer. USE OF THE SERVICES IS AT YOUR OWN RISK. WE (INCLUDING OUR OWNERS, DIRECTORS OR EMPLOYEES) DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR THAT THE WEBSITE OR SERVICES WILL BE AVAILABLE, ACCURATE, FREE OF VIRUSES, OR THAT THE WEBSITE OR SERVICES WILL MEET YOUR NEEDS OR PROVIDE PARTICULAR RESULTS.

Without limiting the foregoing, nothing herein shall guarantee any specific outcomes with respect to your horse, whether such information is received from Equefit through the Services or on the forums, and Equefit is not responsible or liable for any injuries, failures or losses that may occur based on the Services or materials provided by Equefit. We take no responsibility for any activities that occur as a result of your use of the Services. 

Horses and horse-training can be extremely dangerous. Do not attempt any of the training or advice received from Equefit or other users without proper supervision, safety equipment, and proper facilities. Do not attempt to and/or cease activities immediately if you are not comfortable or your horse is not comfortable. Nothing on this Website or in the Services should be considered veterinary advice and should not be relied on in such manner. Always seek the advice of trained medical professional concerning medical treatment of your horse and seek medical attention for your horse immediately if your horse is injured or ill.

We do not assume any responsibility for errors or omissions that may appear on our Website. We do not guarantee that any portion of our Website or any Service will be available, and we retain the right to modify or discontinue a Service at any time.

We take no responsibility and assume no liability for any content that you or any other person or third party posts using our Service.  You specifically acknowledge that we are not liable for defamatory, offensive, or illegal conduct of yours or any third party, and that the risk of harm or damage from such conduct rests entirely with you.

  1. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL EQUEFIT, ITS OWNERS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES, EVEN IF YOU SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, WE ARE FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF EQUEFIT TO YOU ARISING IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY YOU GIVING RISE TO A CLAIM.
  2. Statute of Limitations. Any cause of action or claim you may have arising out of or relating to these Terms, the Website or the Services must be commenced within one (1) year after the cause of action arises, otherwise such claim is permanently barred.
  3. Notice and Take Down Procedures; Copyright Agent. We respect the intellectual property rights of others. Pursuant to 17 USC § 512 as amended by Title II of the Digital Millennium Copyright Act (the "DMCA"), we have procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA. If you believe your copyrights are being infringed, please contact us immediately at the contact information below.

To be effective, your notification of claimed infringement must be in writing, provided to the Designated Agent and include substantially the following information:

  • Identification of the copyrighted work you claim to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Site.
  • Identification of the material that you claim to be infringing and information reasonably sufficient to permit us to locate the material, such as its URL.
  • Your name, address, telephone number, and if available, email address.
  • A statement that you have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information that you have supplied in the notification is accurate, and indicating under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
  • A physical or electronic signature of the copyright owner or authorized representative.


Any notification of a claimed infringement that fails to substantially comply with the above provisions will not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

The information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and sending us such notification constitutes your consent to share this information with the alleged infringer.

Please note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us, the alleged infringer, the copyright owner or any authorized licensee of the copyright owner as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

  1. Governing Law; Dispute Resolution. These Terms shall be governed by the laws of the State of Ohio, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Terms of Service must be brought in the state or federal courts located in Cincinnati, Ohio. YOU HEREBY WAIVE ALL RIGHTS TO A JURY TRIAL. You hereby agree that all claims and disputes under these Terms must be litigated on an individual basis and not on a class basis.
  2. Assignment. You shall not assign, transfer, or convey these Terms without our prior written consent.
  3. Force Majeure. We are not responsible to you for anything that we may otherwise be responsible for or failure to perform if it is the result of events beyond our reasonable control, including, without limitation, acts of God, war, terrorism, strikes, labor shortages, fire, extreme weather, pandemics, government actions, political unrest, postal disruption, communication disruption, failure of infrastructure or materials shortages.
  4. Miscellaneous. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. Our failure to exercise or enforce any provision hereof shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches. You agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under these Terms or existing at law or equity shall be considered a waiver of such right or remedy. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever. Sections 3, 6, 10-18 shall survive the termination of these Terms and your account for any reason.

Any notice required to us shall be given at:

By visiting : www.equefit.com/contact

By Email: [email protected]