These Terms of Service are an agreement (“Agreement”) between Horse Chit Chat! LLC (hereafter “HCC”, “we”, “us”  or “our”) and each user (“you” or “your”) of the website and services offered by HCC.

 

Acceptance
Your use of the HCC website and any services purchased on the website is at all times subject to this Agreement, as well as the privacy policy.  You should read this Agreement, the Terms of Service and the Privacy Policy carefully and be sure you understand each prior to using the website or purchasing services.  Any use of the website or services purchased on the website is deemed to be irrevocable acceptance of this Agreement.  If you do not agree to this Agreement, you should not use, and should immediately exit, the website, and you should not purchase services.  Accessing the website only to review this Agreement or the privacy policy, copies of which are available on www.horsechitchatllc.com, (the “Privacy Policy”), is not deemed to be use of the website.

 

Personal Information
HCC may collect personal information from individuals through this website or in the ordinary course of business.  All such personal information obtained by HCC will be held, disclosed, and used as set forth in the Privacy Policy and in accordance with all applicable law.

 

Changes to the Terms of Service
HCC reserves the right, at our sole discretion, to revise or replace this Agreement at any time.  For instance, we may need to change this Agreement if a new feature to the website is launched or new services are offered.  It is your responsibility to check for changes to this Agreement.  If you do not agree to the new terms, you must discontinue use of the website and you should not purchase any additional services.  If you continue to use the website or purchase services after the revised terms go into effect, then you have accepted the changes to this Agreement.

 

Payment
You agree to pay all fees for the services for which you contract.  Current pricing for all services can be located on the website under the Services tab, Course tab and Store tab.

HCC uses HoneyBook, a third party vendor, to process payments made by customers for our horse behavior consulting services. We do not collect or process payment information internally.  HoneyBook collects payment method information (such as credit or debit card number, of bank account information, purchase amount, date of purchase and, in some cases, information about the products).  You can learn about how HoneyBook collects and processes data at https://www.honeybook.com/terms/terms-of-service.  We recommend that you review this privacy policy.

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HCC uses WIX to process payments made by customers for our courses and store products.  WIX collects payment method information (such as credit or debit card number, of bank account information, purchase amount, date of purchase and, in some cases, information about the products).  You can learn about how WIX collects and processes data at https://www.wix.com/about/terms-of-use.  We recommend that you review this privacy policy.

 

Prohibited Uses

You shall not use the website or services offered by HCC: (1) in a manner inconsistent with this Agreement; (2) in any way that violates any applicable federal, state, local, or international law or regulation; (3) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (4) to transmit, or procure the sending of, any advertising or promotional material, including any “spam” or any other similar solicitation; (5) to impersonate or attempt to impersonate HCC or an HCC employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or (6) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm HCC or users of the website or expose them to liability.

Additionally, you agree not to: (1) 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, including their ability to engage in real time activities through the website; (2) use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website; (3) use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent; (4) use any device, software, or routine that interferes with the proper working of the website; (5) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website; (7) attack the website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the website

 

Third-Party Content and Websites
The information presented on or through the website is made available solely for general information purposes, some of which may be provided by third parties (“Third-Party Content”).  We do not warrant the accuracy, completeness, or usefulness of this information, including Third-Party Content.  Any reliance you place on such information is strictly at your own risk.  All statements and/or opinions expressed in these materials, and all articles and responses to questions, and other content, other than the content provided by HCC, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of HCC.  We are not responsible, or liable to you or any third party, for the content or accuracy of any Third-Party Content.

The HCC website may also contain links to, or be accessible from, websites provided by third parties (individually a “Third-Party Site”).  We do not warrant the offerings of any of these entities or individuals.  Your use of a Third-Party Site or service will be subject to its terms of use and other provisions, and you are responsible for complying with such terms and other provisions. Your use of the website may also include the use of applications that are developed or owned by a third party.  Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies.  We encourage you to read the terms and conditions and privacy policy of any third-party application, website, or service that you visit or use.

 

Ownership of Website and Courses
The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by HCC, its licensors, or other providers of such material and are protected by copyright and other intellectual property laws of the United States and/or other countries.

This Agreement permits you to use the website for your personal, non-commercial use only, including printing copies of the website for personal use or storing files on your computer for personal use.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website.  You also must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this website.  No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by HCC.  Any use of the website not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.

We have no responsibility for content on other websites that you may find or access when using our website or our products.  Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries.  The terms of use for those websites govern your use of that material.

 

Trademarks
The Horse Chit Chat! name, the terms, and all related names, logos, product and service names, designs, and slogans are trademarks of the company or its affiliates or licensors.  You must not use such marks without the prior written permission of HCC.  All other names, logos, product and service names, designs, and slogans used on or in connection with the website and products are the trademarks of their respective owners.

 

Disclaimer of Warranties
HCC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation of Liability
IN NO EVENT SHALL HCC BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT HCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL HCC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO HCC PURSUANT TO THIS AGREEMENT.

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Indemnification
You shall indemnify, defend and hold harmless HCC from all costs, damages, expenses, fines, liabilities, losses, penalties and payments (including, but not limited to, fees and disbursements of counsel to HCC) resulting from, or relating to, (a) your failure to perform any obligation or assume any responsibility pursuant to this Agreement and the Privacy Policy, (b) any warranty or representation made by you in this Agreement or the Privacy Policy being untrue or misleading in any respect, or (c) any unauthorized use of the website or HCC services by you.

 

Assumption of Risk
Each person engaged in recreational equestrian activities shall assume the risk and legal responsibility for any injury to his person or property arising out of the hazards inherent in equestrian sports, unless the injury was proximately caused by the negligence of the person providing the horse or horses to the individual engaged in recreational equestrian activities or the failure to guard or warn against a dangerous condition, use, structure or activity by the person providing the horse or horses or his agents or employees. C.G.S.A. § 52-557p.

 

Governing Law and Jurisdiction
This Agreement, and any disputes arising out of or related hereto, shall be governed exclusively by the laws of the State of Connecticut, without regard to its conflicts of laws rules.  The state and federal courts located in the County of New London, Connecticut shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement.  Each party hereby consents to the exclusive jurisdiction of such courts.  If there is any conflict or inconsistency between any provision of this Agreement and any provision of any applicable law, the latter shall control.

 

Users from Other Jurisdictions

The website and business operations of HCC are controlled and operated from the United States.  If you are not a resident of the United States or you are located outside the United States, you should not use the website or transmit personal information unless you are in compliance with all applicable law.  If you choose to use the website or provide information to us, please note that we may transfer personal information provided by you for processing in the United States.  By providing personal information to us for the purpose of placing you or your company on our contact lists, you consent to the transfer of personal information to the United States.  The transfer of that personal information to the United States is necessary for HCC to provide requested information and products.

We do not represent or warrant that the website is appropriate, lawful, or available for use in any particular jurisdiction.  Those who choose to access the website or purchase product do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, and are subject to United States export controls in connection with your use of the website and products and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports.

 

Waiver and Severability
No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.  Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

 

Severability
Whenever possible, each provision of this Agreement shall be interpreted to be effective and valid under applicable law.  If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this Agreement, being prohibited or invalid.

 

Entire Agreement
This Agreement and the Privacy Policy, along with any other document referenced therein, constitute the sole and entire agreement between you and HCC regarding the website and our services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website and our services.

 

Force Majeure
No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of Customer to make payments to HCC hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, OTHER POTENTIAL DISASTER(S) OR CATASTROPHE(S), SUCH AS EPIDEMICS, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (h) other similar events beyond the reasonable control of the Impacted Party.  The Impacted Party shall give notice within 10 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue.  The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.  The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.  In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 consecutive days following written notice given by it under this Section, either party may thereafter terminate this Agreement upon 10 days’ written notice.

 

Expenses
Except as provided by any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing this Agreement.

 

Our Contact Information
This website is operated by Horse Chit Chat!.
All feedback, comments, requests for technical support, and other communications relating to the website should be directed to: info@horsechitchatllc.com.