Terms of Use

Wy Dressage Academy Online Course

Terms & Conditions

The following Terms and Conditions are entered into by and between the purchaser (“the Purchaser” or “you”) and Wy Dressage, LLC (“Wy Dressage”, “the Company”, “we”, or “us”).

Program

Wy Dressage agrees to provide you with access to the Wy Dressage Academy Online Course entitled “Wy Conformation and Movement Matter when Buying, Breeding or Training a Dressage Horse” (“the Program”). As a condition of purchasing the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your purchase of the Program. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern. By your acceptance of these Terms and Conditions, you are acknowledging that you have reviewed the Company’s Terms of Use, Privacy Policy, and Disclaimer policies and agree to be bound thereto.

Safe Sports Act

The Company adheres to the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 (“The Safe Sports Act”) and, as such, requires you to be at least 18 years of age in order to purchase the Program. You may read more about the Safe Sports Act here: https://www.usef.org/forms-pubs/wp2f3YLrbAw/attachment-e---safe

sport-policy

By purchasing and accessing the program, you agree and acknowledge that you are at least 18 years old. Adults purchasing the program and providing the materials to a minor assume full responsibility for any and all results of such access. Under no circumstances whatsoever shall the Company be held liable for the acts of the minor as a result of having access to the Program including any situation or circumstance whereby the Company learns that a minor has improperly accessed the Program, whether by and through their legal guardian or other means. By purchasing and accessing the Program, the Purchaser agrees and acknowledges that they are at least 18 years of age. Purchaser further assumes all risk and responsibility associated with the purchase of the Program and agrees to release and hold Company harmless from any injury or harm arising from the purchase.

Purchaser understands and agrees that all adult coaches, trainers, and employees of the Company (over the age of 18) are required to comply with the mandatory policies and

provisions as promulgated by the U.S. Center for SafeSport pursuant to the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017. Therefore, any one-on-one meetings, communications, or interactions between all adult trainers, coaches, and/or employees of the Company with a minor athlete are prohibited except under emergency circumstances and unless such one-on-one meeting or interaction occurs when another adult is present and where such interaction can be observed at an interruptible distance from another adult.

Furthermore, Purchaser agrees that individual training sessions between any and all trainers, coaches, and/or employees of the Company are permitted only if the training session is observable and interruptible by another adult unless permission for such individual training session is obtained from the minor’s legal guardian by said adult. Such permission must be obtained at least every 6 months and parents, guardians, and other caretakers must be allowed to observe the individual training session.

Purchaser also understands that adult trainers, coaches, and/or employees of the Company are further prohibited from interacting one-on-one with minor athletes in settings outside of the Program when such one-on-one interactions are not observable and interruptible by another adult unless a parent or legal guardian has provided permission for each out of Program one-on-one contact.

Last, Purchaser agrees that another trainer, coach, or employee of the Company, or a minor’s parent or legal guardian must be copied on all electronic communication (including social media) between any trainer, coach, or employee of the Company and a minor athlete, whether directed to one minor athlete or multiple minor athletes. Communication directed from a minor athlete to a trainer, coach, or employee of the Company will not be responded to unless the communication complies with this provision.

Nature of The Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Purchaser with access to the Program, which provides only education, and information related to its subject matter. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice, training, schooling, teaching, or instruction.

Fees

As the Purchaser, in consideration of your access to the Program materials, you agree to pay the following fees:

Standard Purchase

You agree to make a single payment of $547.00, which shall be due and payable before you will be granted access to the Program. Your standard purchase allows you access to the Program for 120 days from the time payment is received.

No Refunds

You understand and agree that all sales are final, and the Company does not offer any money-back guarantees. You understand and agree that you shall not be entitled to a refund for any purchase under any circumstances whatsoever for any purchase from the Company’s Wy Dressage Academy, or any of its successors, assignees, subsidiaries, or owners.

The Program

As part of the Program, the Company shall provide the following to Purchaser: Standard Purchase

Bonuses – From time to time, the Company may offer bonuses to individuals who purchase the Program. You shall be entitled to any bonuses offered to you at the time of purchase.

VIP Purchase

Access To Program Area – The Company shall maintain a Program Area that may include lessons information, forms, worksheets, checklists, question and answer sections, and other information. You shall have access to this Program Area for as long as the Program Area exists. In the event that the Company intends to close the Program Area, it shall provide clients with 30 days’ notice.

Bonuses – From time to time, the Company may offer bonuses to individuals who purchase the Program. You shall be entitled to any bonuses offered to you at the time of purchase.

Ownership Of All Intellectual Property

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company and / or its suppliers. All content is protected by copyright and all other applicable intellectual property laws and treaties of the United States and other nations and by any international treaties, unless specifically excluded herein.

The Company name, logo, slogan, and all other related names, logos, product and service names, designs, and slogans are trademarks of the Company and/or its affiliates and licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your purchase of the Program does not result in a transfer of any intellectual property to you, and, as a condition of your purchase of the Program, you agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that you will not modify, publish, transmit, copy, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

The Company content is not for resale. Your purchase of the Program does not entitle you to make any unauthorized use of any protected content, and, in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. If you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees. Unauthorized use of the Program may give rise to a claim for damages, a legal injunction, and may be a criminal offense.

Materials Provided by You During the Program

The Company does not claim ownership of the information or materials you may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any website or our associated services (collectively “Submissions”).

However, by posting, uploading, inputting, providing, or submitting your Submissions you grant the Company, our affiliated companies, and necessary sub-licensees permission to use your Submissions in connection with the operation of their Internet businesses including without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submissions; and to publish your name in connection with your Submissions.

In other words, the Company has the right to include your Submissions in the Program and other marketing material going forward, including any audio or video recordings of you participating in any sessions as part of the Program.

No compensation will be paid to you with respect to the use of your Submissions, as provided herein. The Company is under no obligation to post or use any Submissions you may provide and may remove any Submission at any time at the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

Digital Millennium Copyright Act

Wy Dressage respects the intellectual property of others and expects the users of its website to do the same. If you believe the copyright in your work has been violated through this Program, please contact Somewhere Farms with the information listed below, pursuant to the Digital Millennium Copyright Act of 1998 (DMCA), which Wy Dressage may then forward to the alleged infringer:

a. identify the material on the website that you believe infringes your work, with enough detail so that we may locate it on the website;

b. provide your address, telephone number and email address;

c. provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

d. provide a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and e. provide your physical or electronic signature.

f. Upon receiving your complaint, Wy Dressage may remove content that it believes infringes upon your copyright.

Confidentiality

The Company respects the privacy of its clients and will not disclose any information you provide except as set forth in this Agreement. As a condition of purchasing in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Program participants and/or employees outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree that you will not share any information provided to

you in the Program with anyone other than the Company, its owners and employees, and other Program participants.

Collection of Personally Identifiable Information

Wy Dressage is the sole owner of the information collected on this website. We only have access to personally identifiable information that you voluntarily give us via email or by other direct contact with you. Personally identifiable information may include your name, e-mail and mailing address, or telephone number. We do not sell or rent this information with any other individual or business entity and will use it only as is reasonably necessary to provide products and materials to you. We do not knowingly collect personal information from minors.

We will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that it is necessary to: (a) conform to mandates of the law or comply with legal process served on Wy Dressage; (b) protect and defend the rights or property of Wy Dressage; and, (c) act under exigent circumstances to protect the personal safety of uses of our website or the public.

Security of Information -No Guarantees

Somewhere Farms recognizes the importance of safeguarding the confidentiality of your personal information and employs reasonable measures designed to protect your information from unauthorized access, disclosure and use. However, no data transmission over the internet or other network is guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the site or services, we cannot and do not guarantee the security of any information you transmit on or through the site or services, and you do so at your own risk.

Cookies and similar technologies

Wy Dressage may analyze and optimize your content and browsing experience using cookies. A cookie is a piece of data containing a string of characters that is sent to your computerstored on your hard drive when you visit our website. It is used to help us improve your access to our website and identify repeat visitors to our website. When you visit the site again, the cookie allows the site to recognize your browser. For instance, when we use a cookie to identify you, you do not have to log in a password more than once. Cookies can also enable us to track and target your interests to enhance your experience on our website. Usage of a cookie is not linked to any personally identifiable information on our website.

You can accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Cookies may store user preferences and other information. You can configure your browser to refuse all cookies or to indicate when a cookie is being sent. If you choose to decline cookies, you may not be able to fully experience any interactive features of Wy Dressage’ Program or other web sites you visit.

Do Not Track

Do Not Track is a technology and policy proposal that enables users to opt out of tracking by websites. Your browser setting may allow you to automatically transmit a “do not track” signal to websites and online service you visit. There is no consensus among industry participants as to what “do not track” means in this context. Like many websites and online services, we do not alter our practices when we receive a “do not track” signal from a visitor’s browser. To find out more about “do not track,” please visit http://www.allaboutdnt.com.

Internet Traffic Data

Internet traffic data includes but is not limited to internet service provider information, collection of IP addresses, entry and exit pages, various operating systems, and other such information. We collect no personally identifying information through this process. The information is used to help analyze user traffic related to various services available through Somewhere Farms and to allow for a more customized and enjoyable user experience.

Personal Responsibility

By purchasing the Program, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources intended to help participants in the Program succeed in developing the proper skills, education, methods, and know-how for dressage training. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your individual situation, and innumerable other circumstances beyond the control and/or knowledge of the Company, its owners and employees and other Program participants. You agree to take full responsibility for any harm or damage you suffer as a result of the use, misuse, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested by or recommended in the Program by the Company, its owners and employees.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others, whether clients of the Company or otherwise, are no guarantee that you or any other person or entity will be able to obtain similar results.

No Warranties

The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. All materials and associated documents, recordings, or opt-ins the Company offers are provided “as is” without representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or

through the Program, nor that functions available in the Program will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available, nor the content itself is or will be free of viruses, bugs, or other malicious code. You acknowledge it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any content from the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

You agree to absolve and do hereby absolve the Company of any and all liability for any and all loss or harm that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes to the Program at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions regarding this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If you

are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

Choice of Law

This Agreement and all related documents including all exhibits attached hereto, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Washington, United States of America including its statutes of limitations and

its applicable choice of law statutes, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Washington.

Indemnification

By purchasing the Program, you agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

Arbitration

YOU HEREBY EXPRESSLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE, NOW OR IN THE FUTURE, ARISING OUT OF OR RELATING TO THE PROGRAM AS WELL AS ANY RIGHT OR CLAIM YOU MIGHT HAVE TO A JURY TRIAL.

TO THE EXTENT THAT YOU ATTEMPT TO ASSERT ANY SUCH CLAIM, YOU HEREBY EXPRESSLY AGREE TO PRESENT SUCH CLAIM ONLY THROUGH BINDING ARBITRATION TO OCCUR IN COUPEVILLE, WA. YOU FURTHER AGREE TO AND DO HEREBY WAIVE ANY RIGHT TO CLASS ARBITRATION AND AGREE INSTEAD TO CONDUCT AN ARBITRATION RELATED SOLELY TO ANY INDIVIDUAL CLAIMS YOU AND/OR ANY ENTITY RELATED TO YOU ASSERTS AGAINST THE COMPANY. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU FURTHER AGREE THAT YOU SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH INITIATING THE ARBITRATION AND FOR THE ADMINISTRATION OF THE ARBITRATION.

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if you become disruptive to the Company or other Program participants, if you fail to follow the Program guidelines, or if you otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees in the event of such termination.

Entire Agreement

This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between you and the Company with respect to the Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to the Program. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Force Majeure

The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, pandemics, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining

supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Effective Date

This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially purchases the Program.