Terms of USe
Effective Date: October 26, 2023
Please read these terms and conditions ("Terms of Use") carefully before using eliteequestrianmedia.com (the "Website") operated by Elite Equestrian Media ("we," "us," or "our"). These Terms of Use govern your access to and use of eliteequestrianmedia.com, including any content, functionality, and services offered on or through the Website.
By accessing or using the Website, you agree to be bound by these Terms of Use. If you do not agree with all of these terms, please refrain from using the Website.
Changes to Terms
We reserve the right to amend or update these Terms of Use at our discretion. Any changes will be effective upon posting on this page. It is your responsibility to check this page periodically for updates. Your continued use of the Website following the posting of changes constitutes acceptance of those changes.
Dispute Resolution
Any dispute or claim arising from or relating to these Terms of Use shall be governed by the laws of the Ontario, without regard to its conflict of law provisions. You agree that any legal action or proceedings between you and us shall be brought exclusively in the federal or provincial courts located in Toronto, Ontario.
Testimonials
Our website may feature testimonials. They are examples from past clients. While these testimonials are accurate and honest portrayals of actual clients or customers sharing their opinions about our website, products, and/or services, they are not a guarantee that all clients or customers will have the same, similar, or better experience.
Affiliate Disclosure
eliteequestrianmedia.com may participate in an affiliate partnerships with third-party organizations and will provide a link from time to time to their products. You won’t pay a penny more, but we will receive a small commission that helps sustain our small business efforts.
You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Third-Party Links
From time to time, eliteequestrianmedia.com may provide links to third-party websites. These links are offered for educational and informational purposes and do not constitute an endorsement by Elite Equestrian Media. When you use these links, you will leave our website.
You acknowledge and agree that Elite Equestrian Media is not responsible for the content, availability, or accuracy of other websites linked to our website. We make no warranties, whether express or implied, regarding the content, availability, or accuracy of third-party websites.
By clicking on a link to a third-party website, you do so at your own discretion and risk. You further agree that Elite Equestrian Media is not liable for any damage or loss resulting from your access to or use of information, materials, products, or services contained on or purchased from any linked third-party website.
Please be aware that clicking on a link to a third-party website may result in third parties collecting and/or sharing your personal information. The privacy policies and terms and conditions of these third-party websites may differ from those of eliteequestrianmedia.com. We encourage you to review the privacy policies and terms and conditions of every linked third-party website you visit.
This section is governed by the laws of Canada. Any disputes arising from or related to this section will be subject to the exclusive jurisdiction of the federal and provincial courts located within Canada.
Dispute Resolution and Jurisdiction
Informal Dispute Resolution:
In the event of any dispute, controversy, or claim arising out of or relating to these Terms of Use or your use of EliteEquestrianMedia.com ("Dispute"), both parties agree to first attempt to resolve the Dispute through good-faith negotiations. This informal dispute resolution process may involve direct communication between you and Elite Equestrian Media to seek an amicable resolution.
Formal Dispute Resolution:
If a Dispute cannot be resolved through informal negotiations within a reasonable timeframe, either party may initiate formal proceedings. Any party choosing to engage in formal dispute resolution must notify the other party in writing.
Jurisdiction:
These Terms of Use and any Disputes arising from or related to these terms or your use of eliteequestrianmedia.com shall be governed by and construed in accordance with the laws of Canada, and more specifically, the laws of the Province of Ontario, without regard to its conflict of law principles.
Exclusive Jurisdiction:
The parties agree that any legal action or proceeding arising from or related to these Terms of Use or any Dispute shall be brought exclusively in the federal or provincial courts located in the Province of [Province], Canada. Both parties consent to the personal jurisdiction of these courts.
Waiver of Class Actions:
You agree to waive any right to participate in class actions, class arbitrations, or representative actions. Any Dispute resolution will be conducted on an individual basis and not on a consolidated, class-wide, or representative basis.
Costs and Attorneys' Fees:
Each party shall bear their own costs and attorneys' fees incurred during any Dispute resolution process or formal legal proceedings.
Alternative Dispute Resolution:
Both parties may agree to engage in alternative dispute resolution (ADR) methods, such as mediation or arbitration, to resolve Disputes. Such ADR procedures, if agreed upon, will be governed by the rules and procedures of the ADR service provider chosen by mutual agreement.
Limitation Period:
Any claim or cause of action arising from or related to these Terms of Use must be filed within 6 calendar months after such claim or cause of action arose; otherwise, it is permanently barred.
By using eliteequestrianmedia.com, you agree to the dispute resolution and jurisdiction provisions outlined in these Terms of Use. You acknowledge that attempting to resolve Disputes through good-faith negotiations and abiding by the jurisdiction specified in this section are fundamental elements of the agreement.
This section provides a framework for resolving disputes and clarifies the jurisdiction that applies to disputes related to the use of eliteequestrianmedia.com in accordance with Canadian legal standards.
Intellectual Property
The Website and its original content, features, and functionality are owned by Elite Equestrian Media and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website.
User Conduct
You agree to abide by the following user conduct guidelines while using the Website:
- You may not use the Website for any unlawful purpose.
- You shall not upload, distribute, or otherwise publish through the Website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable.
- You shall not upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website.
- You shall not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website.
Termination
We reserve the right, in our sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.
Limitation of Liability
In no event shall Elite Equestrian Media or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Website; (ii) any unauthorized access to or use of our secure servers and/or any personal information stored therein; or (iii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
Legal and Financial Disclaimer
You understand and agree that eliteequestrianmedia.com, as well as our products, programs, and services, are intended to provide information and education related to equestrian media and related topics. The information provided on this website is not intended to constitute business, financial, or legal advice.
Elite Equestrian Media recommends that you consult with an attorney, accountant, and/or financial advisor in your area who understands your particular business, financial, and legal situation. This will help you make informed decisions tailored to your unique circumstances and requirements.
Any information, content, or materials provided on this website, including but not limited to articles, blog posts, videos, and other forms of content, are for general informational and educational purposes only. They do not substitute for professional advice or consultation. Elite Equestrian Media is not responsible for any actions you may take based on the information provided on this website.
By using eliteequestrianmedia.com, you acknowledge and agree that you are solely responsible for any actions you take based on the information obtained from this website. You also acknowledge that Elite Equestrian Media is not liable for any direct or indirect consequences resulting from your use of this website or any related products, programs, or services.
This disclaimer makes it clear that the information on your website is intended for educational purposes and that users should seek professional advice when making important business, financial, or legal decisions. Make sure to consult with a legal professional to ensure that the disclaimer is compliant with applicable laws and regulations.
Indemnification
You agree to indemnify and hold Elite Equestrian Media, its affiliates, partners, officers, employees, and agents harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of eliteequestrianmedia.com, your violation of these Terms of Use, or your violation of any rights of another person or entity.
You also agree to indemnify and hold us harmless against any losses, damages, or costs, including reasonable attorneys' fees, resulting from any claim or demand arising out of your content, your use of the website, or your violation of any law or rights of a third party.
Elite Equestrian Media reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
User Limitations
You agree that you will not post, transmit, upload, or otherwise make available any User Content that is harmful, threatening, defamatory, unlawful, abusive, harassing, obscene, vulgar, hateful, or otherwise objectionable. You further agree not to infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
You agree to use this website and our products, programs, and services for lawful purposes only.
No Formal Endorsements
Any reference or link to any other companies, events, services, or products, on our website, blog, or in our emails does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.
You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your business.
You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Payment
You have the option to pay for any of our products or services, which may include services, e-learning courses, website templates, or online business resources, in full. If you choose to use a payment plan provided by Elite Equestrian Media using third-party payment processors, you agree to the following:
Automatic Payment Authorization:
If you opt for payment by debit card or credit card, you provide us with the authority to automatically charge your credit or debit card for all fees and charges due to Elite Equestrian Media. These charges will be made without requiring additional authorization, and you will receive an electronic receipt for each transaction. Additionally, Elite Equestrian Media is authorized to share any payment information and instructions necessary for processing payments with our third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
Payment Plans:
If you select a payment plan, you hereby authorize Elite Equestrian Media to charge your credit card or debit card automatically in accordance with the terms specified in the installment plan details presented to you.
Pricing Agreement:
You acknowledge that, regardless of the terms and conditions stated here, you are agreeing to the price and payment structure that you accepted at the time of purchase.
Recurring Payments and Outstanding Invoices:
In the case of declined payments for your monthly fee, you must promptly provide an alternative payment method to avoid the termination of your access to the product or service. If your credit card changes or expires, please contact us, and we will assist you in updating your payment information. You are legally obligated to complete the remaining payments of your payment plan, and you authorize us (without prior notice, unless required by applicable law) to collect any outstanding payments using any eligible payment method on record for your account.
Missed Payments:
If you choose to pay for our products and services using a payment plan, you are fully responsible for all agreed-upon payments. If a payment is missed, we will make up to four additional payment attempts before involving a collections agency. We will always contact you via email before taking this step.
Collections Agency:
In the event that we need to engage a third-party collections agency to recover payments, an additional fee of 30% (if within Canada) or 35% (if outside of Canada) will be added to the remaining balance to cover debt collection services and applicable legal fees associated with debt retrieval. Your first missed payment will result in the immediate removal from all Elite Equestrian Media products, services, and communities.
Information Sharing:
In such cases, you authorize us to share the agreed-upon terms from the point of purchase, your IP address, phone number, email address, and any necessary information with the third-party collections agency for debt retrieval. Once the matter is with the third-party agency, they will handle communication.
Refunds
Elite Equestrian Media is committed to providing high-quality services and products. Due to the nature of the services and the substantial time and effort invested in our products and programs, we do not offer refunds, and we maintain a strict no refund policy for all our offerings. If you have inquiries or require clarification about our refund policy, please contact our support team at support@eliteequestrianmedia.com
Chargeback Policy:
Elite Equestrian Media does not endorse or accept any form of chargeback initiated through your credit card company. We encourage you to contact our support team to address any concerns or issues you may have. Chargebacks can lead to the immediate termination of services as described below.
Termination
Termination Rights:
Elite Equestrian Media reserves the right to terminate or suspend your access to our website, products, or services, in part or in full, at any time and for any reason. This termination may be enacted if you violate the terms and conditions set forth in this agreement, engage in any prohibited activities, or for other justifiable reasons.
Notice of Termination:
In the event of termination, we will provide you with written notice using the contact information you have provided. The termination will be effective immediately upon receiving this notice.
Consequences of Termination:
Upon termination, you must immediately cease all use of our website, products, and services. Any outstanding payments or obligations will remain due and payable, as per the agreed terms. Termination does not affect the enforceability of clauses or provisions that should survive termination, including those pertaining to intellectual property, limitations of liability, indemnification, and dispute resolution.
Right to Refuse Service:
We also retain the right to refuse service to anyone at our discretion. Such refusal will be based on our evaluation of the situation and compliance with Canadian laws and regulations.
If you have any questions or need further clarification regarding our refund policy or termination procedures, please reach out to support@eliteequestrianmedia.com.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT: SUPPORT@ELITEEQUESTRIANMEDIA.COM