Equine Bodywork Online
Terms of Service

Last Updated: July 19, 2024

This Terms of Service (“Terms”) is an agreement between you and Emerald Equine Massage Therapy, LLC (“we,” “our,” or “us”) and govern your access to and use of our website, https://www.equinebodyworkonline.com/, our video programs, our audio guides, and all other online products and services provided or offered by us (collectively, the “Service” or “Services”).

Agreement to Terms

By using any portion of the Service, you agree to comply with and be bound by these Terms. These Terms apply to you regardless of whether you are a “Member” (meaning, you have created an account with us) or are a “Visitor” (meaning, you are using or viewing the Service but have not created an account with us). The term “you,” “your,” or “user” refers to both Members and Visitors.

The Service is for personal, non-commercial use. You agree that you are using the Service for personal use only and not are not using the Service for or on behalf of any third-party, or for any commercial purpose.

Changes to Terms or Services

We may modify the Terms and our Services at any time, in our sole discretion. If we do so, we may let you know by email or by posting notice on the Service. Please review the Terms whenever we modify them. If you continue to use the Service after we posted modified Terms, then such use indicates to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then please discontinue use of the Services. Because the Services are evolving over time, we may change or discontinue all or any portion of the Services at any time, without notice to you, at our sole discretion.

Creating an Account

By creating an account, you become a “Member” and represent that you are thirteen (13) years or older and are not barred from using the Services under applicable law.

We reserve the right to suspend or terminate your account if: (i) any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading; or (ii) to reclaim any username that you create through the Services that violates our Terms. You are responsible for maintaining the confidentiality of your password and account and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account.

Payments & Refunds

To gain access to portions of our Services (such as our courses or audio guides), you will incur a one-time payment in USD based on the specific price listed for each respective course. You can choose to either pay a one-time fee or monthly installment payments at the price stated. There are no refunds on the monthly installment payments. However, if you purchased any of our programs with a one-time payment, we will honor a full refund in USD within 30 days of your purchase. Payments will be processed using a third-party payment processor, and we are not liable for any errors, fees, or service-related issues that may arise related to processing payments.

Upon receipt of full payment (whether up front or at the conclusion of the installment option) for the respective courses, your subscription shall be accessible for as long as the respective courses are available through the Services.

No physical equipment, such as ground poles or risers, are included in the price of the Services.

Member Expectations

As a Member, with the intent of using or implementing our Services, you affirm that either (A) all of the following are true:

No veterinarian or animal-care provider has ever informed you that your animal should avoid prehab or ground pole exercises, or that you should only do prehab activities recommended by a veterinarian or animal-care provider;

Your animal has no preexisting conditions, bone problems, or joint problems that could be made worse through engaging in the Services;

You understand animal behavior and have sufficient knowledge and experience to read signs that animals may be disagreeable to being touched in certain areas;

You have sufficient knowledge and experience to react appropriately in order to keep yourself and your animal safe; or

(B) your veterinarian or animal-care provider has been specifically consulted by you and approves of your use of the Services.

The Services ARE NOT A SUBSTITUTE for Professional Advice

Consult with your veterinarian before implementing or practicing our Services. The contents of our Services, including but not limited to text, graphics, images, videos, audio, and other materials create by us (“Content”), are for informational purposes only. The Content is not intended to be a substitute for professional veterinarian advice, diagnosis, or treatment. Always seek the advice of your veterinarian or other qualified animal-care provider with any questions you may have regarding your animal’s condition. Never disregard professional advice or delay seeking it because of our Services.

ASSUMPTION OF RISK; LIMITED LIABILITY.

You understand and acknowledge that there is an inherent risk, including injury, damage to property, or death THAT MAY ARISE WHEN implementing UTILIZING OUR Services. You AGREE AND ACKNOWLEDGE that animals are unpredictable, especially when touched, and as a result, animals may react by kicking, biting, bolting, pulling back, or other reactive behaviors. Our services offer information and is designed for educational and INFORMATIVE purposes only. the use and implementation of our services is solely at your own risk and is not A SUBSTITUTE FOR veterinarian advice.

Our services are CONTINUOUSLY under development and, to the fullest extent permitted by law, we make no warranty of any kind, implied or express, as to its accuracy, completeness, or appropriateness for any purpose. in that regard, developments in animal-care research may impact the information and advice that may appear on or through our services. no assurance can be given that the advice contained in our services will always include the most recent findings or developments with respect to the particular material.

Release of Liability and Indemnity

You acknowledge the risks associated with the use or implementation of the Services and accept and assume full responsibility for any and all injuries, damages, or losses of any type, which may occur through your use or implementation of the Services. You hereby fully and forever release and discharge us, our insurers, employees, officers, and directors from any and all claims, demands, damages, rights of action, or causes of action, whether present or in the future, whether known or unknown, anticipated, or unanticipated, resulting from or arising out of your use or implementation of the Services.

Our Content

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view our content (“Our Content”) solely in connection with your permitted use of the Services. For the purposes of these Terms, Our Content shall include all text, graphics, images, site and screen layouts, arrangements and themes, music, software, audio, video, works of authorship by us or our affiliates of any kind, and information or other materials that are posted or generated by us or our affiliates.

You have the right to view and access Our Content. However, you may not copy, borrow, modify, or otherwise reproduce, and must immediately cease using, copying, borrowing, modifying, or otherwise reproducing any site and screen layouts, arrangements and themes provided through this Service. At no time is any User permitted to: (i) transfer, sublicense, sell, lease, lend, rent, or otherwise distribute Our Content or the Services to a third party; (ii) decompile, reverse-engineer, disassemble, or create derivative works of the Services or any of Our Content; or (iii) use the Services or Our Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

Intellectual Property

The Services contain material that may be protected by United States and international copyright and trademark laws and other intellectual property rights include but is not limited to, audio, video, graphic, photographic and text information, and all Our Content. We, and any of our licensors, exclusively own all right, title and interest in, and to the Services and Our Content, including all associated intellectual property rights. You acknowledge that the Services and Our Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Services and Our Content. Further, you may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works of, or in any way exploit any of the Our Content, in whole or in part. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.

DMCA/Copyright Policy

We respect copyright law and expect Users to do the same. It is our policy to terminate in appropriate circumstances the accounts of Members who repeatedly infringe the rights of copyright holders.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed or access to it blocked. Federal law requires that your notification include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notification must be sent to:

PO BOX 3241
Redmond, WA 98073-3241
USA

With copy to team@equinebodyworkonline.com

We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Services. You can submit feedback via our website or by emailing us at the contact email listed above. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, or create derivative works based upon, and otherwise exploit, the feedback for any purpose.

Privacy policy

Your privacy is important to us. Please review our Privacy Policy for information about the data we may collect and use. Our Privacy Policy is incorporated in these Terms, and is available at www.EquineBodyworkOnline.com/PrivacyPolicy

Third-Party Resources

The Services and any affiliated social media pages may contain links to or advertisements of third-party websites or resources that are not affiliated with us. We are not responsible for the content, products, or services on or available from those advertisements, websites, resources, or links. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party website or resources.

Indemnity

You agree to defend, indemnify and hold harmless us, or our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use or implementation of, and access to, the Services; and (ii) your violation of these Terms. This section shall survive these Terms and your use and termination of the Services.

Termination

We may terminate your access to and use of the Services and Account at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Limitation of Liability

NEITHER WE NOR ANY OTHER party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, mOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with THESE TERMS or from the use OF or inability to use the ServiceS or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not WE have been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

In no event will OUR total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the ServiceS or content EXCEED THE LESSER of the AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE.

Dispute Resolution

We prefer to resolve things amicably when possible; therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Application. Start by notifying us of your dispute by sending a notice to the contact email address listed above.

Informal Negotiations: Parties to a dispute concerning the Terms, the Privacy Policy, or the use of the Services will attempt to informally negotiate a potential settlement or resolution to the dispute;

Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute.

Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between us and you. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by us (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Questions & Contact Information

If you have any questions regarding these Terms, please contact us at team@equinebodyworkonline.com