Terms and Conditions

This page states the Terms and Conditions (“Terms”) under which you, the Web Site visitor (“You” or “Your” or “Yourself”) may use this Web site (“Our Site”), which is owned by Cutting Horse Training Online, Inc. (“CHTO” or “We” or “Us” or “Our”) unless otherwise covered by a separate TOS. By using this Web site, You agree to be bound by all of the Terms and Conditions set forth below. If You do not accept these Terms and Conditions, please do not use this Web site. We may, in Our sole discretion, revise these Terms and Conditions at any time; therefore, You should visit this page periodically to review the Terms and Conditions. Having such access to and use of the Site (including the content of such Site) through Us is collectively referred to as “the Service(s).”

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES OR OTHERWISE ACCESS THE SITE.

You may use Our Site for legal purposes only. Your rights to use this Site may be further limited by federal law or the laws or regulations in Your particular state or locality.

Your Acceptance of the Terms and Conditions

The Terms constitute a legal agreement between You, as a visitor to the Site, and CHTO. Any information provided by You is also subject to Our Privacy Policy, which is incorporated by reference into the Terms. By using the Services, You acknowledge and agree that You have read and agree to the terms in Our Privacy Policy. Additional terms and conditions of use may also be posted directly on other areas of the Site, and together with the Terms, as amended from time to time, are collectively referred to as the “Agreement.” We reserve the right to modify any or all of this Agreement at any time, and such change will be effective immediately upon its publication on CHTO. You agree to be bound by the terms and conditions of this Agreement, and any modifications thereof, as long as You continue to access and use the Services. Because of the possibility that the Agreement could change between visits, You also agree to check the Terms of the Agreement each time You return. Your continued access to or use of CHTO Content (defined below) shall be deemed Your conclusive acceptance of modifications to this agreement.

The Rights We Grant to You, the Site Visitor

The contents of this Web site, such as text, graphics, images, video and other content (the “Site Material”), are protected by copyright under both United States and foreign laws. We authorize You, non-exclusively and non-transferably, to view the CHTO Material for Your personal use. This authorization is not a transfer of title in the CHTO Content or copies of the Site Content. Unauthorized use of CHTO Material violates copyright, trademark, and other laws. You may not download, sell or modify CHTO Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. The names, marks and logos included in the Site Material are, unless otherwise noted, registered and/or common law trademarks owned by or licensed to CHTO. Marks not belonging to CHTO belong to their respective third party owners and We claim no rights in them. The use of these marks or the CHTO Material, except as provided in these Terms and Conditions, is prohibited.

Membership

1.1. Your CHTO membership will continue and automatically renew until terminated. To use the CHTO service you must have Internet access and a device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership 48 hours before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see “Cancellation” below).

1.2. We may offer a number of membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your CHTO membership by visiting the chtolive.com website and clicking on the “Account” link available at the top of the pages above your profile name.

  • Promotional Offers. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by CHTO at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent CHTO membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent CHTO membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
  • Billing and Cancellation
    3.1. Billing Cycle. The membership fee for the CHTO service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the “Subscriptions” page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Visit the chtolive.com website and click on the “Subscriptions” link member dashboard to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. If you signed up for CHTO using your account with a third party as a Payment Method, you can find the billing information about your CHTO membership by visiting your account with the applicable third party.
  • 3.2. Payment Methods. To use the CHTO service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
  • 3.3. Updating your Payment Methods. You can update your Payment Methods by going to the “Payment Methods” page in your member dashboard. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
  • 3.4. Cancellation. You can cancel your CHTO membership at any time, and you will continue to have access to the CHTO service through the end of your billing period. To cancel, go to your member dashboard and scroll down to where is says “To Cancel” and click on the Cancel Membership Request Form on our chtolive.com website and follow the instructions for cancellation or send us an email to info@chtolive.com. If your email is sent 48 hours before your bill date, your membership will end with no further charges at the end of your current billing period. If your email is sent after 48 hours before renewal, the subscription will auto-renew for one for one more paid term and will cancel at the end of the new term with no further charges. To see when your account will close, click “Subscriptions” on the “My Account” page. If you signed up for CHTO using your account with a third party as a Payment Method and wish to cancel your CHTO membership, you are still required to email CHTO to notify your intention even when you unsubscribe from the CHTO service through that third party.
  • 3.5. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Your Comments

We welcome Your comments on CHTO and services at info@chtolive.com. You acknowledge, however, that if You send Us comments, praise, creative suggestions, ideas, notes, drawings, concepts, inventions or other information (collectively, but excluding personally-identifying information about You, the “Information”), You grant to CHTO a non-exclusive, perpetual, royalty-free, freely transferable license to use, practice, exploit, modify and sub-license such Information for any purpose whatsoever, commercial or otherwise, throughout the universe. Please note that any communication or other materials that You post to CHTO or transmit to Us over the Internet is considered to be, and will be treated as, non-confidential, unless the Web page through which information is submitted expressly states otherwise. For more information about confidentiality and privacy issues, please read Our privacy statement, below, and Our Privacy Policy.

Site Content

You acknowledge that CHTO contains “Site Content,” which collectively refers to any of the following owned by CHTO or certain third parties as specified hereunder: any text, graphics, images, information, software, audio and video clips, links, logos, icons, and other material, including but not limited to proprietary and confidential information, copyrights, patents, trade secrets, trade dress, service marks and trademarks, including the Marks (as defined below). Any Site Content owned by CHTO is referred to herein as “Our Site Material.” Site Content may also include “Third Party Site Material” and “User Information,” both as defined below. CHTO Material may include technical inaccuracies or typographical errors. We reserve the right to make changes and updates to any information contained on CHTO without prior notice.

Rights to the Site Content

All Site Content, in whole or in part, is protected by all applicable copyright laws, international conventions or treaties, and any other intellectual property or proprietary laws, and, unless in the public domain, belonging to third parties, or unless otherwise stated, is owned by CHTO, whether or not such rights are expressly identified in, or in connection with, such Site Content.

You understand and agree that You may not remove, alter or cover any copyright or other proprietary notices placed on CHTO. No other license to use any of the Site Content is given or implied without the respective owner’s prior written consent. You may not transfer the Site Content to any other person unless You give him or her notice of, and s/he agrees to accept, the obligations arising under these Terms. You agree that You will not refer to or attribute any information to Us in any public medium (regardless of form) for advertising, public relations, marketing or other purpose (including informing or influencing any third party).

Unless otherwise specified hereunder, You may not download, sell, rent, modify, reproduce, display, distribute, redistribute, re-publicize, re-transmit, participate in the transfer or sale, create derivative works, or in any way exploit or otherwise use CHTO Content, in whole or in part, in any way without the respective owner’s prior written consent.

The names, marks, logos and/or text appearing on the Site Content (“Marks”) are registered and unregistered trademarks owned by CHTO (or identified clients, vendors, or others) and protected under all applicable laws, except as otherwise noted on the Site. Unless otherwise specified hereunder, such Marks may not be used in any way that is not expressly authorized by Us or the respective owner, in any manner that is likely to cause confusion among the public about CHTO or Our business (or the respective owner and its business), or in any manner that disparages or discredits CHTO (or the respective owner and its business).

You agree that You will not copy or reproduce any Mark of Ours, unless specifically authorized to do so, to imply an endorsement by or relationship with CHTO.

User Rules and User Information

As a user of the Service, You agree to carefully read and abide by the Agreement, including any user rules of conduct as specified below. You must be over 18 to access and use Our Site and Services. If You are over 18, You agree to take full and active responsibility to prevent the use of Our Site and Services by any children under 18 You may be responsible for as a parent or legal guardian. If You are under 18, You may not access and use the Site and Services without Your parent’s or legal guardian’s supervision.

We do not want You to, and You should not, post any confidential or proprietary information to CHTO via Our Site except as directed by a secure interface. You acknowledge and agree that transmissions and communications to and from the Site, including transmission of any User Information (defined below), are not confidential, and may be read or intercepted by others. You also acknowledge that if You transmit any communication to Our Site You are solely responsible for its accuracy and completeness. By posting messages, uploading files, inputting data or information, or engaging in any other form of communication via the Site or to produce any information for the Site (collectively referred to as “User Information”), You give CHTO an irrevocable, unrestricted, worldwide, royalty-free license to use such User Information through the Service in any way, unless otherwise specified in the Agreement. All User Information is governed by Our Privacy Policy. Should You provide Us with information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non-confidential and We assume no obligation to protect such information from disclosure, except insofar as provided for in Our Privacy Policy. The submission of such information to CHTO shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Us for any purpose whatever and We shall be free to reproduce, use, disclose and distribute the information to others without restriction. We shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods or services. Unless otherwise specified, You waive all rights to any claim against Us for any alleged or actual infringements of any proprietary rights, intellectual property rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such User Information. We disclaim any liability for disclosure of User Information as a result of errors in transmission by third parties or unauthorized acts of third parties.

Improper Use of Our Site and Our Service

CHTO may or may not pre-screen Content, but shall NOT be liable for any client Content which has been posted, transmitted or distributed, or cause to be posted, transmitted or distributed, any material that (1) violates any local, state, national or international laws; (2) violates the proprietary rights, intellectual property rights (including without limitation copyright and trademark rights), rights of privacy or publicity, moral rights, rights of attribution, or any other related rights of others; (3) is intended to advertise or solicit business including but not limited to any multi-level marketing scheme; (4) purports to be provided by another person; (5) is obscene, harassing, threatening, defamatory, libelous, or abusive; or (6) is a chain letter or part of a pyramid scheme. You agree not to impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity. You agree not to “stalk” or otherwise harass another or store personal data about other users. You may not introduce any material into Our Site that contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere with, or appropriate Our Site or any information residing on Our Site. We reserve the right to delete any information You post on Our Site that We in Our sole discretion determine to be inaccurate, violative of law or otherwise violative of Our policies. If You use, or attempt to use, Our Site or its Content for improper purposes including without limitation tampering, hacking, modifying, or otherwise corrupting the security of Our Site, You will be responsible for all damages including, but not limited to, criminal prosecution and civil and criminal penalties.

Digital Millenium Copyright Act Notice

We respect the rights of copyright owners and expect You to comply with U.S. copyright law. We have procedures in place to protect the rights of copyright owners in the event of alleged infringement, in accordance with the Digital Millenium Copyright Act (“DMCA”). If You believe that Your copyright is being infringed by any material viewed on this Web Site, please send a notice, in accordance with the DMCA, to Our designated agent.

We reserve the right to remove said material, expel users and/or prevent their further access to this Web site for violating these terms or the law and reserve the right to remove any communications from this Site.

Disclaimer of Warranties

Although We strive for accuracy in all elements of the Site Material, it may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the material on this Web Site or about the results to be obtained from using Our Site. You use Our Site and its material at Your own risk.

WE DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE WEB SITE OR THE SITE’S MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND OF FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR AFFILIATES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS ON THIS WEB SITE.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEB SITE OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE AND/OR ANY AFFILIATE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Fees

Fees and Rates posted on this Web site are accurate only as of the date posted, and are subject to change. For up-to-date fee information, please contact Us at info@chtolive.com.

Links

This Web site contains links to Web sites owned by third parties (“Third Party Sites”). Should You utilize these links, You will leave CHTO. If You decide to visit any linked site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements. You also agree that We are not responsible or liable for any direct or indirect damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any such content, products or services. These links are provided solely as a convenience to You and are not an endorsement by CHTO of the contents on those other sites, which content may change at any time without notice to CHTO. We are not responsible for the content of any linked sites and make no representations regarding the content or accuracy of materials on such sites, nor do We make any representations regarding the privacy practices of such sites. If You are concerned about the privacy practices of an outside site, please consult its privacy policy; the privacy protection provided on Our Web site may not be available at the external link. We are not responsible or liable for applications, admissions, hiring and employment practices and access to services, programs, institutions and services of such Third Party Sites. We are not responsible for any misuse of intellectual property found on those sites.

No Endorsement of Third Party Site Material

Our Site Content may include information, products or services provided by third parties on, linked to, or framed within, the Site (“Third Party Site Material”). Third Party Site Materials are the opinions and creations of the authors and/or owners identified in those materials. As such, We do not assume any responsibility or liability for any Third Party Site Material. Our publication of Third Party Site Material does not constitute Our endorsement, warranty or guarantee of any information, instruction, opinion, products or services contained within the Third Party Site Material.

Our Management of Site Content

We reserve the right, in Our sole discretion, to establish practices regarding a visitor’s use of the Service and storage of any Site Content posted on the Site. We have no responsibility or liability for the deletion or failure to store any Site Content and any other communications maintained or transmitted through the Service.

You also understand that We may not necessarily pre-screen or monitor Site Content, but reserve the right, in Our sole discretion, to refuse or remove any such content available via the Service for any reason at any time and with no explanation. We reserve the right to modify, reject or eliminate any information residing on or transmitted to Our Site that We, in Our sole discretion, believe is unacceptable or in violation of the Agreement.

We may preserve, disclose or review any Site Content if required to do so by law or in a good faith belief that such action is reasonably necessary to comply with any legal process, enforce the Agreement, respond to any claim regarding the violation of any third parties, or protect the rights, property or personal safety of Us or any visitors to Our Site.

Indemnification

By using this Site, You agree to indemnify, defend and hold harmless CHTO and all of Our officers, directors, agents, employees, contractors, and information and service providers (“Indemnified Parties”) from any claim, demand, losses, damages, costs, and/or expenses including reasonable attorney’s fees, accounting fees, and related costs, including court costs, attributable to or arising from Your posting of User Information through the Service, Your use of the Service, Your use of the Site Content, Your conduct through the Service, Your communications to third parties through the Service, Your violation of these Terms, and/or Your violation of any other rights related to the Service. CHTO reserve the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim.

Termination of or Change in Service

We may immediately, at any time and in Our sole discretion, (1) terminate or limit Your use of or access to the Service, or any part thereof, or (2) remove and discard any Site Content within the Service, for any reason, including without limitation, Your lack of use, Your breach of any terms and conditions hereunder, or if We believe You have violated or acted inconsistently with the letter or spirit of the Agreement. We may change, suspend or discontinue any aspect of the Site or Service, or any part thereof, or impose any limits on any feature or service, including the availability of any Site feature, database, or Site Content for any reason, at any time, and without notice. You agree that We will not be liable in any way to You or to any third party for any actions We take as described herein or otherwise.

One Year Limit

You agree that regardless of any contrary statute or law, any claim or cause of action arising out of or related to use of the Service or these Terms, or alleged to arise out of or to be related to use of the Service or these Terms, must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

Survival of Certain Provisions

The termination of these Terms for any reason will not terminate the obligations or liabilities of the parties under these Terms regarding warranties, liabilities, proprietary rights and all others that by their sense and context are intended to survive the execution, delivery, performance, termination and expiration of the Agreement.

E-Mail

Our Site provides opportunities to e-mail various individuals. This functionality is for business purposes only; do not disclose any personal information about Yourself. Do not use the e-mail service to reveal information about Your financial circumstances, including without limitation assets, liabilities, or debts.

Governing Law

These Terms are governed, construed and enforced in accordance with the laws of the State of Texas, without giving effect to its conflicts of law rules. Before seeking legal recourse for any harm You believe You have suffered from Your access to Our Site, You will give Us written notice specifying the harm and thirty (30) days to cure the harm after providing such notice before initiating any action.

Except for Our claim for injunctive relief in any court having jurisdiction, You and CHTO agree to submit to the personal and exclusive jurisdiction of the State of Texas courts. By accessing the Site and using the Service, You waive any defense of an inconvenient forum and of jurisdiction on account of place of residence or domicile, and You agree that You waive Your right to a jury trial.

Location

This Site originates from Weatherford, Texas. Therefore, We make no representations that the information on CHTO is appropriate or available for use in any location other than the State of Texas, including any location outside of the United States. Access to the Site from other territories is strictly prohibited if such access is illegal in such jurisdiction. You agree that Your decision to access CHTO is done solely on Your own initiative, and that You are solely responsible for complying with any applicable laws regarding such access.

International Users

We make no representation that CHTO Content is appropriate or available for use in any jurisdictions or countries other than the United States. You may not use CHTO or export Site Content in violation of U. S. export laws and regulations. Given the global nature of the Internet, You agree to comply with all local rules (from where You physically reside) regarding Internet conduct and content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You physically reside.

Export Control Laws

The export and re-export of CHTO products are controlled by the United States Export Administration Regulations and such products [or software, or both] may not be exported or re-exported to any country to which the United States embargoes goods. In addition, products may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By ordering an CHTO product you are certifying that you are not a national of any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

Miscellaneous Terms

This Agreement constitutes the entire agreement between You and CHTO, and supersedes any prior agreements between You and CHTO. You may also be subject to additional terms and conditions which may apply when You use any third party content, software or other proprietary information. If any provision under this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. We may assign Our rights and obligations under this Agreement at any time and without notice to You. The section headings used in this Agreement are for convenience only and have no legal effect.

All employment-related information on this Web site is subject to modification or elimination at Our sole discretion. Nothing on this site creates an express or implied contract of employment.

 

Privacy Preference Center

Essential

The website uses "cookies", which are elements of data that a website can send to your browser, which may then be stored on your system. This element of data is a piece of text, not a program. The website can only access the information from a cookie sent by the website. We cannot access other cookies sent by other websties or the information contained therein. Additionally, we cannot learn your e-mail address or any other information about you through the use of a cookie. The only way we would learn such information is if you specifically and voluntarily submit that information to us, for example, through a registration system, by entering a sweepstakes or promotion, etc.

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Analytics

The website uses "cookies", which are elements of data that a website can send to your browser, which may then be stored on your system. This element of data is a piece of text, not a program. The website can only access the information from a cookie sent by the website. We cannot access other cookies sent by other websties or the information contained therein. Additionally, we cannot learn your e-mail address or any other information about you through the use of a cookie. The only way we would learn such information is if you specifically and voluntarily submit that information to us, for example, through a registration system, by entering a sweepstakes or promotion, etc.

Performance & Functionality

These are used to track user interaction and detect potential problems. These help us improve our services by providing analytical data on how users use this site.

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