Terms and Conditions of Service
Effective 18 November, 2010

1. Legal Notice
Please read these Terms and Conditions of Service carefully before using www.parelliconnect.com, parellinaturalhorsetraining.com, parellisavvyclub.com, and shop.parelli.com (the Service). By using the Service you signify your consent to these Terms and Conditions of Service as a customer of Parelli Natural Horsemanship Inc. (Member). If you do not agree to the Terms, please do not use the Service.

2. Ownership of Materials
The Service is owned and operated by Parelli Natural Horsemanship, Inc., (Parelli) a corporation incorporated under the laws of Colorado, having its principle offices in Pagosa Springs, Colorado and Ocala, Florida. Parelli maintains this Service for your personal education and information. Please feel free to browse the Service. Reproduction, distribution, retransmission, modification, public display, and public performance of such materials is prohibited and will be pursued to the fullest extent of current copyright infringement laws. Under no circumstances should any materials be copied or reproduced.
You should assume that everything you see or read on the Service is protected by copyright unless otherwise stated and may only be used according to these Terms and Conditions of Service. Parelli does not warrant or represent that your use of materials displayed on this Service will not infringe rights of third parties not owned by or affiliated with Parelli Images are either the property of, or used with permission by, Parelli. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions of Service. Any unauthorized use of the images may violate copyright laws, trademark laws, unfair competition laws, the laws of privacy and publicity, and communications regulations and statutes.

3. Your Submitted Content and Information
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Parelli all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Parelli, you hereby grant Parelli a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Parelli's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Parelli may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Parelli all of the license rights granted herein.

4. Use of Service
Parelli uses reasonable efforts to include accurate and up-to-date information on the Service. However, Parelli makes no warranties or representations as to the accuracy of the information. Parelli assumes no liability or responsibility for any errors or omissions in the contents of this Service.
Furthermore, your use of and browsing in the Service is at your own risk. Neither Parelli nor any other party involved in creating, producing or delivering the Service is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Service. Without limiting the foregoing, everything on the Service is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Parelli also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Service or your downloading of any materials, data, text, images, video, or audio from the Service.

Any communication or material you transmit to the Service by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Parelli or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcasting and posting. Furthermore, Parelli is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Service for any purpose whatsoever, including but not limited to evaluating, critiquing, developing, publishing, and marketing products using such information.
The trademarks, and logos, displayed on the Service, are trademarks of Parelli or its affiliates. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Service without the written permission of Parelli or such third party that may own the trademarks displayed on the Service. Regarding use of the trademarks, see Playing the Friendly Game with Parelli Intellectual Property.

Parelli has not reviewed all of the sites linked to the Service and is not responsible for the contents of any off-site pages or any other sites linked to the Service. Your linking to any other off-site pages or other sites is at your own risk.
This Service may contain links to other Web sites operated by third parties other than Parelli. Such links are provided for your convenience only. Parelli does not control such Web sites and is not responsible for their content. The fact that this Service contains links to other sites does not mean that Parelli approves of, endorses or recommends those sites, nor does it imply any association with their operators. Parelli disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site and disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from any third party Web sites or content therein directly or indirectly accessed through links in this Service.
With due respect for our Members' right of privacy, Parelli has established the following policy and practices for use of Member email addresses to ensure Parelli's active control in safeguarding against any unauthorized use. Members have the right not to have their email addresses and other contact information appear on this website. Members have provided their email addresses for the sole purpose of receiving communications relating to the subject of Parelli. Parelli does not authorize or condone the sending of emails to Members for the advertisement of any product or service, for the solicitation of money or property, or for any other commercial purpose. Moreover, the provision by anyone of a Member email address to external groups or individuals without the advance written permission of its owner is an explicit violation of this Acceptable Use Policy.
Parelli reserves the right to cancel membership in the Service, without notice and without refund, of anyone determined by Parelli in its sole discretion to have violated this Acceptable Use Policy.

Parelli may at any time revise these Terms and Conditions of Service by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions of Service to which you are bound.

5. Safety
We do our best to keep the Service safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments

  1. You will not send or otherwise post unauthorized commercial communications (such as spam) on the Service.
  2. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.
  3. You will not upload viruses or other malicious code.
  4. You will not solicit login information or access an account belonging to someone else.
  5. You will not bully, intimidate, or harass any user.
  6. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  7. You will not use the Service  to do anything unlawful, misleading, malicious, or discriminatory.
  8. You will not do anything that could disable, overburden, or impair the proper working of the Service, such as a denial of service attack.

6. Registration and Account Security                                
The Service users provide their real names and information, and we ask for your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false or misleading personal information on the Service, or create an account for anyone other than yourself without permission.
  2. If we disable your account, you will not create another one without our permission, if you do we reserve the right to remove it.
  3. You will not use the Service if you are under 13.
  4. You will keep your contact information accurate and up-to-date.
  5. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  6. You will not transfer your account to anyone without first getting our written permission.
  7. If you select a display name for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a display name that does not closely relate to a user's actual name).

7. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.

  1. You will not post content or take any action on the Service that infringes or violates someone else's rights or otherwise violates the law.
  2. We can remove any content or information you post on the Service if we believe that it violates this Statement.
  3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  4. You will not post anyone's identification documents or sensitive financial information on the Service.
  5. You will not send email invitations to non-users without their consent. 

          
8. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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 the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. 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
  6. 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.

    Parelli's designated Copyright Agent to receive notifications of claimed infringement is: Attn: Copyright Agent, Parelli Natural Horsemanship, Inc., 7 Parelli Way, Pagosa Springs, CO 81147 email: support@parelli.com, fax: 970-731-9722. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Parelli customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

  1. Your physical or electronic signature;
  2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
    If a counter-notice is received by the Copyright Agent, Parelli may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Parelli's sole discretion.


9. General Use of the Service—Permissions & Restrictions
Parelli hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

  1. You agree not to distribute in any medium any part of the Service or the Content without Parelli’s prior written authorization, unless Parelli makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
  2. You agree not to alter or modify any part of the Service.
  3. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means Parelli may designate.
  4. You agree not to use the Service for any of the following commercial uses unless you obtain Parelli's prior written approval:
    - the sale of access to the Service;
    - the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
    - the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless - - other material not obtained from Parelli appears on the same page and is of sufficient value to be the basis for such sales.
  5. Prohibited commercial uses do not include:
    - uploading an original video to Parelli, or maintaining an original channel on Parelli, to promote your business or artistic enterprise;
    - showing Parelli videos through the Embeddable Player on an ad-enabled blog or website.
    - any use that Parelli expressly authorizes in writing.
  6. If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the Parelli’s website.
  7. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Parelli servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Parelli grants the operators of public search engines permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Parelli reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

10. Membership
Membership agreement states the following: I agree to pay Parelli a monthly or Annual fee for Membership. I agree that Parelli will have continuous authority to charge my credit or debit card (effective immediately upon receipt of application in the Parelli office) and on the same date each month going forward for a monthly membership, or on the same date each year going forward for an annual membership. I understand that I am agreeing to become a member on an on-going basis. If you wish to pay annually by check, you may do so. Monthly check payments are not an option.

11. Payment, Refunds, Upgrading & Downgrading Terms

  1. A valid credit card is required for paying accounts.
  2. If you initially sign up for a Digital, Savvy or Premium account, and you don't cancel that account within 30 days, you will be billed monthly starting on the 31st day after your account was initially created. If you cancel prior to the processing of your first payment on the 31st day, you will not be charged.
  3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service.
  4. Upgrade/downgrade refunds are calculated pro-rata based upon the days remaining within the current month of your billing cycle.
  5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  6. For any upgrade or downgrade in plan level, your credit card that you provided will be charged the modified rate at your next adjusted billing date.

12. Termination & Cancellation
The charge for Membership pays for the materials and content you receive during the month of the charge.

  1. Upon cancellation of memberships you will continue to receive benefits and content up until the date of what would have been your next billing.
  2. Memberships may be cancelled by selecting the ‘cancel my membership’ link that can be found within the “Settings” page inside the Service. Alternatively if you’ve forgotten your access credentials you may email support@parelli.com from the exact same email address that you used to sign into your Service account and then complete the returned confirmation email.



13. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PARELLI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. PARELLI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICES CONTENT OR THE CONTENT OF ANY SERVICE LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. PARELLI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PARELLI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR THE SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

14. Limitation of Liability
IN NO EVENT SHALL PARELLI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, 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. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PARELLI SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Parelli from its facilities in the United States of America. Parelli makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.


15. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Parelli, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.


16. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.


17. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Parelli without restriction.


18. General
You agree that: (i) the Service shall be deemed solely based in Florida; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Parelli, either specific or general, in jurisdictions other than Florida. These Terms of Service shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and Parelli that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Marion County, Florida. These Terms of Service, together with the Privacy Notice at <link to our Privacy Notice> and any other legal notices published by Parelli on the Service, shall constitute the entire agreement between you and Parelli concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Parelli's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Parelli reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.