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
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:
7. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
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):
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:
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:
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
12. Termination & Cancellation
The charge for Membership pays for the materials and content you receive during the month of the charge.
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.