Terms of Use Agreement

Date Last Revised: June, 2013

This Agreement sets forth the terms and conditions that apply to your access to and use of the Internet website horsesadvocate.theequinepractice.com (HorsesAdvocate.com), as owned and operated by The Equine Practice, Inc. By using HorsesAdvocate.com you agree to be bound by the terms and conditions of this Agreement and The Equine Practice, Inc’s Privacy and Security Policy.

By using the information, tools, features, and functionality located on HorsesAdvocate.com you agree to be bound by this Agreement, whether you are a Visitor (which means that you simply browse the HorsesAdvocate.com website) or you are a Member (which means that you have registered with HorsesAdvocate.com;. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.

If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

By using or shopping at this site, you acknowledge that you are 18 years or older and have read, understood and agree to honor these Terms of Use and the Privacy and Security Policy. If you are less than 18 years of age, you acknowledge that you have permission from a parent or legal guardian to view the contents of this site, that both you and a parent or legal guardian have understood and agree to honor these Terms of Use and the Privacy and Security Policy, and that he / she / they are responsible for your purchases including the membership cost.

The Equine Practice, Inc may revise or update these Terms of Use at any time. Your continued use of our site and any of our services means that you accept our revisions and changes. You agree that it is your responsibility to keep current on any changes we make to our Terms of Use. Please visit these pages regularly.

Privacy and your Personal Information

For information about Your Horse’s Advocate.com data protection practices, please read our Privacy and Security Policy (http://theequinepractice.com/disclaimer-privacy-and-email-policy/), which is hereby incorporated into this Agreement. This policy explains how The Equine Practice, Inc treats your personal information when you access HorsesAdvocate.com and use the Service. The policy may be updated from time to time at our discretion.

Medical and Nutrition Information

The contents of the website, including articles, text, graphics, images, demonstrations, presentations, links and other material contained on the site or any supporting material (for example, our newsletters and books) are for informational and educational purposes only. The content and products on this site should not be considered a substitute for professional veterinary advice. Your veterinarian should always be consulted with any questions you may have regarding a diagnosis, medical condition or treatment. The use of the website and its content is a choice that you have voluntarily made, and The Equine Practice, Inc assumes no liability for your use of the website. Reliance on the website and any of its materials is at your own risk. Our website and forums do not supply medical care or medical services. For medical services or medical emergencies, please call your veterinarian immediately.

Internet Issues

Evolving issues concerning the Internet are beyond the responsibility or control of Horse’s Advocate.com. Accordingly, we cannot assume liability for delays, failures or data transmission related to the Internet. Be assured that we take all necessary steps to keep the service downtime to a minimum and that we use secure server software (SSL) to ensure your transactional security and privacy.

No Warranties or Liability

The Equine Practice, Inc makes the best effort to always provide the most complete and accurate information, but it does so on an as is basis. In no event can The Equine Practice, Inc or its officers, employees or managers be held responsible for any errors that might inadvertently occur, and The Equine Practice, Inc and its officers, employees or managers will provide no monetary damages in any way. The Equine Practice, Inc disclaims all warranties, either express or implied, including but not limited to content, merchantability, non-infringement and fitness for particular purpose.

Indemnity

You agree to indemnify and hold The Equine Practice, Inc and its officers, employees or managers harmless from and against any and all claims, actions or demands including without limitation reasonable legal and accounting fees, resulting from your use of this website.

Horse’s Advocate Memberships

If you sign up for Horse’s Advocate Membership, you will be assigned a member name and password. These passwords are for your personal use only, and you agree that you will not allow anyone else to use your password. You are responsible for taking reasonable steps to protect your password.

By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available Internet browser.

When you opt for monthly or annual membership your credit card will automatically be billed each successive month or year at your current rate unless you cancel membership. There are no refunds for the Horse’s Advocate Memberships. If you would like to cancel your membership, please contact us at [contact_form to=”membership@horsesadvocate.theequinepractice.com” subject=”Question from a member about membership” thankyou=”Thank you from The Equine Practice, Inc” button=”Submit Membership” captcha=”no” fields=”membership”] or click on the “unsubscribe” button on your “Membership Details” page, and you will not be billed for the next billing cycle. We reserve the right to change pricing effective with your renewal date.

If you cancel your Your Horse’s Advocate Membership and would like to rejoin in the future, you will have to start your membership with the initial registration again for the membership plan of your choice.

If you would like to change your membership plan, i.e. change from Advocate to Advocate PLUS or from Monthly to Annual, you can do so by logging into your account and upgrading on your “Membership Details” page. There is no “prorating” or giving credit for past purchases.

Intellectual Property Rights

The contents of HorsesAdvocate.com including its look and feel (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The Equine Practice, Inc grants you the right to view and use HorsesAdvocate.com subject to these terms. You may download or print a copy of information provided on HorsesAdvocate.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from HorsesAdvocate.com in whole or in part for any other purpose is expressly prohibited without our prior written consent, at which time you agree to include our copyright notice: “Copyright , The Equine Practice, Inc. All rights reserved http://www.TheEquinePractice.com” on each page printed.

Any submission you make to us of any idea, information, business invention or concept to HorsesAdvocate.com is voluntary. You agree that any such submission is not confidential for all purposes, and you grant us or warrant that the owner grants us a royalty-free, perpetual, irrevocable, worldwide license to use such submission in any medium. If your idea, information, business invention or concept is proprietary, please do not submit them.

Rules for Posting

You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.

You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

You may not interfere with other Users use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of HorsesAdvocate.com deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.

Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas that are designated for such purpose.

Violators of these “Rules for Posting” will have their membership terminated immediately and without refund of any unused portions of their membership fee.

Alerts

The Equine Practice, Inc may from time to time provide automatic alerts and voluntary account-related alerts.

Automatic alerts may be sent to you following certain changes made online to your HorsesAdvocate.com account, such as a change in your Registration Information.

Electronic alerts will be sent to the email address you have provided as your primary email address for HorsesAdvocate.com. If your email address or your mobile device email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.

Because alerts are not encrypted, we will never include your passcode. However, alerts may include your HorsesAdvocate.com Login ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts.

Links

HorsesAdvocate.com may provide links to other websites as a resource and convenience. We cannot be responsible for the content for such websites, nor can we make any warranties regarding these sites.

Please contact us with any questions or comments regarding this website here: [contact_form to=”technical@horsesadvocate.theequinepractice.com” subject=”Question from a member about technical issues” thankyou=”Thank you from The Equine Practice, Inc” button=”Submit Technical” captcha=”no” fields=”technical”]. We try to respond to all inquiries as quickly as possible and appreciate your patience given the volume of mail we receive.

The Equine Practice, Inc may at any time, terminate its legal agreement with you:

  • If you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement).
  • If The Equine Practice, Inc in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful).
  • Immediately upon notice, to the email address provided by you as part of your Registration Information.

Governing Law and Forum for Disputes

This Agreement, and your relationship with The Equine Practice under this Agreement, shall be governed by the laws of the State of Florida without regard to its conflict or choice of laws provisions. Any dispute with The Equine Practice, Inc, or its officers, directors, contributors, managers, volunteers, employees, agents, sponsors, or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of Florida within the county of Martin, Florida, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case The Equine Practice, Inc may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, The Equine Practice, Inc is able to offer the Service at the terms designated and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with The Equine Practice, Inc, its officers, directors, managers, volunteers, contributors, employees, agents, sponsors, or affiliates arising out of or relating to your use of the Service or this Agreement:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if The Equine Practice, Inc does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which The Equine Practice, Inc has the benefit of under any applicable law), this will not be taken to be a formal waiver of The Equine Practice, Inc’s rights and that those rights or remedies will still be available to The Equine Practice, Inc.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and The Equine Practice, Inc regarding the subject matter of the same, and supersedes all other previous agreements.