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This Agreement sets forth the terms and conditions which apply
to your use of the Barbra Schulte, Center for Equestrian
Performance, Inc. Website ("the Website" or
"We") and any other product or service offered for
sale through the Website. The right to use the Website is
personal to you and is not transferable to any other person or
entity.
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The "Service" is the information and shopping
service operated by Barbra Schulte, Center for Equestrian
Performance, Inc. ("CEP") on the World Wide Web of the
Internet accessible through the Website. "Member"
means each person who registers to use any of the products or
services, or features thereof, of the Service for which
registration is required or requested. "Our Content"
includes all content provided and included on the Website, such
as the Barbra's Presentations calendar, Personality Profile
interviews and Training articles. It also includes photographs,
watercolors, illustrations, images, and text, stories and other
written Content, together with the related graphic files, text,
hyperlinks, interlinks, and other software associated with the
authorized use of the Website.
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Barbra Schulte, Center for Equestrian Performance, Inc. shall
have the right at any time to change or discontinue any aspect
or feature of the Service, including, but not limited to,
content, hours of availability, or registration requirements.
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(A)At this time, there is no charge for access to Our Content.
We reserve the right to alter and change the terms or prices for
use of Our Content or access to the Website at any time upon 14
days prior notice. We shall provide notice of such changes by
posting conspicuous notices.
(B)You agree that your use of Our Content after notification
of any changes shall constitute notice to barbraschulte.com that
you have agreed to the terms of the changed Agreement.
(C)You select a member identification name ("Member
ID") and a password. It is your obligation and your
responsibility to safeguard the confidentiality and monitor any
usage provided in connection with the Member ID and the
password. Any charges associated with the Member ID and the
password are your responsibility and you shall bear any risk of
loss thereto (including charges for access to Our Content, if
any).
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(A) The Service contains copyrighted material, trademarks and
other proprietary information including, but not limited to,
text, photos, watercolors, and graphics, and the entire content
of the Service is copyrighted as a collective work under the
United States copyright laws. CEP owns a copyright of the
selection, coordination, arrangement and enhancement of such
content, as well as in the content original to it. Each
third-party content provider owns the copyright in content
original to it. No Member may modify, publish, transmit,
participate in the transfer or sale, create derivative works, or
in any way exploit, any of the content of the Service, in whole
or in part. Except as otherwise expressly permitted under
copyright law, no copying, redistribution, publication or
commercial exploitation of downloaded material from the Service
will be permitted without the express-written permission of CEP
and any other copyright owner. In the event of any permitted
copying, redistribution or publication of copyrighted material,
no changes in or deletion of author attribution, trademark(s),
legend or copyright notice shall be made. Each Member
acknowledges that he or she does not acquire any ownership
rights by downloading copyrighted material.
(B) Each Member shall provide CEP with accurate, complete and
updated information as to his or her name and e-mail address
provided by Member at registration.
(C) No Member may (i) select or use a Member name or e-mail
address of another person with the intent to impersonate that
person; (ii) use a Member name or e-mail address subject to the
rights of any person other than the Member without
authorization; (iii) use a Member name in violation of the
intellectual property rights of any person; or (iv) use a Member
name that CEP, in its sole discretion, deems offensive.
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The Service contains content supplied by parties other than
CEP. Any opinions, advice, statements, or other information or
content expressed or made available by such third parties,
including information providers and Members, are those of the
respective author(s) or distributor(s) and not of CEP.
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(A) EACH MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT
HIS OR HER SOLE RISK. NEITHER CEP, ITS AFFILIATES NOR ANY OF
THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT
PROVIDERS OR LICENSORS, IF ANY, WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE: NOR DO THEY MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS
TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION,
SERVICE, [OR MERCHANDISE] PROVIDED THROUGH THE SERVICE.
(B) IN NO EVENT WILL CEP OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING, OR DISTRIBUTING THE SERVICE BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE OR OUT OF THE BREACH OF ANY WARRANTY.
(C) UNDER NO CIRCUMSTANCES WILL CEP BE LIABLE FOR ANY LOSS OR
DAMAGES CAUSED BY A MEMBER'S RELIANCE ON INFORMATION OBTAINED
THROUGH THE CONTENT. IT IS THE RESPONSIBILITY OF EACH MEMBER TO
EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY
INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH
THE SERVICE.
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Each Member agrees to defend, indemnify, and hold harmless CEP,
its affiliates, and their respective directors, officers,
employees, and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use of the Service
by such Member.
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Either CEP or Member may cancel this Agreement at any time.
Member's only right with respect to any dissatisfaction with (i)
any terms and conditions of this Agreement, (ii) any policy or
practice of CEP in operating the Service, or (iii) any content
available through the Service or any change therein, is to
terminate this Agreement by sending a written notice by e-mail
to endmembership@barbraschulte.com.
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Each Member shall be responsible for obtaining and maintaining
all telephone, computer hardware, and other equipment needed for
access to and use of the Service, and Members shall be
responsible for all charges related thereto.
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See Privacy Policy.
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