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These terms of use (these “Terms”) represent an agreement between you and Toorala Equine (“we,” “us,” or “Toorala Equine”) and govern your use of our website at www.tooralaequine.com and any products or services made available from time to time by means of any of the website (the “Products”). We refer to the Site and the Products collectively in these Terms as the “Services.” By using any of the Services, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms.

 

1. SERVICES.

 

Toorala Equine grants you a non-exclusive, non-transferrable, revocable license to use the Services, including the Products (subject to payment, where applicable), for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. Toorala Equine reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part there of) with or without notice. You agree that Toorala Equine will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.

 

2. PAYMENT.

 

You may purchase licenses to certain Products through a membership, as specified on the website. When you make a purchase, you authorize us to charge the credit or debit card you provide on a periodically basis, depending on which payment plan you elect.

 

3. REFUNDS & CANCELLING.

 

Due to the nature of the Products and Services of Toorala Equine, it is not possible to “return” the Products and Services, though we offer a 14-day warranty on our Products and Services.

 

If you want to cancel your membership you must notify us by email within your 14-day warranty period. If you cancel your membership after those 14 days, we will ask you to continue your membership with us until you’ve finished the agreed payments.

 

Any goods received as part of your membership package are restricted to one article per person, per annum regardless of whether the membership is cancelled and then renewed at later stage during that calendar year.

 

 

4. YOUR CONTENT. 

 

We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Services, including by commenting on blog posts, by communicating with us directly or through other forums or our community. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media now known or hereafter devised, in connection with our provision or promotion of information products or services.

 

5. YOUR CONDUCT.

 

You agree that you will not:

 

(I) Use the Services in a manner that (A) violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (B) is fraudulent, deceptive or misleading; (B) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (D) violates anyone’s rights of privacy, publicity or other rights; (E) violates any contractual or fiduciary obligations; (F) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”); (G) has an adverse effect on our business, reputation or (ability to provide Services; or (H) would otherwise be reasonably deemed objectionable under the circumstances;

 

(II) Violate any program guidelines applicable to use of particular Products or interfere with, impair or disrupt the ability of others to use such Products;

 

(III) Use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;

 

(IV) Violate or attempt to violate the security of the Services;

 

(V) Reverse engineer, decompile or disassemble any portion of the Services;

 

(VI) ‘Scrape’ information from the Services by automated means;

 

(VII) Interfere with the ability of others permit any unauthorized access to or use of any Products that you have licensed or to any password applicable to your account for the Services;

 

(VIII) Use, redistribute or resell any of the Products or other content of the Services, other than such unremunerated sharing via social media as may be authorized on the Services or otherwise in writing by us; or

 

(IX) Reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, including any Products, in whole or in part, except as expressly provided in these Terms.

 

6. PROPRIETARY RIGHTS.

 

As between you and us, we own the Services, including the Products, and any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Services. The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Services. Without limitation of the foregoing, the Services contain proprietary material of Toorala Equine which is protected by copyright and other laws respecting proprietary rights. Toorala Equine retains all rights in the Services, including all copyright and other proprietary rights worldwide in all media. You may not use the Services except as expressly permitted under these Terms.

 

7. REPRESENTATIONS AND WARRANTIES.

 

You represent and warrant: (A) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via the Services for use as contemplated herein, and (B) that you are at least eighteen (18) years old.

 

8. INDEMNITY.

 

You agree to indemnify, defend and hold harmless Toorala Equine and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of our Products, or any breach by you or any user of your account of these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim. Toorala Equine reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

 

10. DISCLAIMERS; LIMITATIONS OF LIABILITY.

 

(A)   You assume all responsibility and risk for your use of the Services. The Services, including any products, are provided “as is” without representations or warranties of any kind, either express or implied, including warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose.

 

(B)  While we make good faith efforts to include substantially accurate information in the Services, errors or omissions may occur. If we receive notice of errors or omissions, we will make reasonable efforts to correct them in due course; but we make no representations or warranties regarding the accuracy, completeness, performance, currency, or fitness for a particular purpose of the Services, that the Services will meet your requirements, or as to the results that will be derived from using any of the information included in the Services.

 

(C)   In no event shall Toorala Equine or it’s affiliates be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use of, delay in using, or inability to use the services. Our liability for any direct damages shall be limited to the amount of fees you have paid for the products giving rise to such liability. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and thus the above limitation may not apply to you. If this limitation of liability or the exclusion of warranty set forth above is held inapplicable or unenforceable for any reason, Toorala Equine maximum liability for any type of damages shall be limited to the lesser of (I) a refund of the amount paid for the product at issue, or (II) €100.

 

(D)  You assume all responsibilities and obligations with respect to any decisions, advice, conclusions or recommendations made or given as a result of the use of the Services, including without limitation any decision made or action taken by you in reliance upon products. The Services shall not constitute or be construed as a recommendation, solicitation, offer or opinion by Toorala Equine or our affiliates, principals or content providers, for any financial transaction or the purchase of any financial instrument, including but not limited to securities, or any kind of investment.

 

(E)   You assume all responsibility and risk for your use of the Services. There is no guarantee that you will earn any money or achieve any particular results using the techniques and ideas provided in connection with the Services. All information provided in connection with the Services is intended for educational purposes only, for a general audience. Individual lessons either in person or online, contain specific advice tailored for an individual.  You assume all responsibility and risk for your use of these Services.  None of the information provided in connection with the Services shall be construed to constitute medical, psychological, financial or accounting, legal or other professional advice; we urge you to see consult with an appropriate licensed professional if you seek any such advice.

 

10. LAW; JURISDICTION.

 

These Terms shall be governed by the laws of Ireland, without regard to conflict of laws rules. You and We agree that any action or dispute between us will be resolved exclusively in Ireland.

 

11. PRIVACY.

 

Your use of the Services is subject to our privacy policy, which is incorporated into these Terms.  By using any of the Services, you acknowledge and consent to Toorala Equine’s collection and use of information as set forth in the privacy policy.

 

PRIVACY POLICY

 

Your privacy is critical to us. Likewise, we have built up this Policy with the end goal you should see how we gather, utilise, impart and reveal and make utilisation of individual data. The following blueprints our privacy policy.

 

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

We will gather and utilise individual data singularly with the target of satisfying those reasons indicated by us and for other good purposes, unless we get the assent of the individual concerned or as required by law.

We will just hold individual data the length of essential for the satisfaction of those reasons.

We will gather individual data by legal and reasonable means and, where fitting, with the information or assent of the individual concerned.

We will protect individual data by security shields against misfortune or burglary, and also unapproved access, divulgence, duplicating, use or alteration.

We will promptly provide customers with access to our policies and procedures for the administration of individual data.

We are focused on leading our business as per these standards with a specific end goal to guarantee that the privacy of individual data is secure and maintained.

 

12. CHANGES.

 

We may modify these Terms at any time by posting changes on the Sites; however, (I) these changes will only become effective and binding with respect to you after we provide notice on the Sites that these Terms have changed and you first use any of the Services following the date of such posting, (II) the changes will only apply with respect to your use of the Services after such changes become effective, and (III) any change in payment obligations will only apply to your subsequent purchases on, or usage of, the Services. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Services.

 

13. DIGITAL MILLENNIUM COPYRIGHT ACT.

 

If you believe that any of the Services contain content that infringes on your copyright, please forward the following information by email to toorala.ie@gmail.com

 

Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

A description of where the alleged infringing material is located;

A statement by you that you have a good faith belief that the disputed use is not authorised by you, the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

14. LINKS.

 

The Services may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.

 

15. MISCELLANEOUS.

 

No joint venture, partnership, employment or agency relationship exists between you and Toorala Equine as a result of these Terms and/or your use of the Services. These Terms shall be effective as of the date accepted by you. These Terms represent the entire agreement between you and Toorala Equine with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Services. Toorala Equine may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, Toorala Equine shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to Toorala Equine. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with Toorala Equine. Notices to us shall be sent by email to toorala.ie@gmail.com