General Terms and Conditions
These Terms and Conditions apply to all Will Rogers Performance Horses services on www.willrogersapproach.com.
In the rest of this document it will be referred to as the “Will Rogers Approach”.
We refer to the websites and products collectively as the “Services” in these Terms. By using the Services, you confirm that you have read, understood, and agree to be bound by and abide by these Terms.
Benefits and General Provisions
Will Rogers Approach grants you a nonexclusive, nontransferable, revocable license to use the Services, including the Products (if applicable, for a fee), solely for your personal use in accordance with these Terms. We reserve any rights not expressly granted in these Terms. Will Rogers Approach reserves the right to modify or discontinue, temporarily or permanently, the Services (or any portion thereof) with or without notice. You agree that Will Rogers Approach shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services. We are under no obligation to retain your account or your Submitted Content for any period of time beyond what is required by law.
Since our teaching material is only made available to you digitally (as a stream), it cannot, strictly speaking, be said that the teaching material was “purchased”. Insofar as terms such as “purchase” or “buy” are used in the General Terms and Conditions, this simply means that you are granted a specific right of use to inspect the teaching material. You may not and cannot transfer the rights and obligations under the Agreement to any third party without the prior written consent of Will Rogers Approach.
Due to acts of God, instructor illness, or changing business activities of Will Rogers Performance Horses or Will Rogers Approach, the addition of new services or video may be suspended, temporarily or permanently. In the event of a permanent hiring, all members will be notified by email. Memberships and corresponding payments remain in place as long as you as a member do not cancel the subscription, existing material remains accessible.
If the court finds that a provision of the general terms and conditions is void or voidable in whole or in part, this does not affect the validity of the remaining provisions of the general terms and conditions. The void or void provision will be replaced by a provision of similar content that is neither void nor contestable.
Account
After you have purchased a membership, an account will be automatically created for you. Will Rogers Approach will send you personal account credentials.
After an account is deleted, ratings, reviews and other materials added to the Service and Website through the account will continue to be available. They will not be deleted. However, Will Rogers Approach will delete personal information upon request or when required by law.
Will Rogers Approach may delete accounts that have not been logged in for more than 12 months. Before proceeding, Will Rogers Approach will send a notification to the email address associated with the account.
An account is strictly personal. Therefore, an account may not be shared with other people. If you suspect someone has accessed your account, you must notify Will Rogers Approach immediately.
Will Rogers Approach has the right to suspend an account if Will Rogers Approach determines a breach of these Terms of Service.
If you no longer wish to use your account, you can delete it in your personal space or by emailing Will Rogers Approach. It is important to indicate which specific account you wish to close by providing your full name and email address.
Closing and deleting an account is an irreversible process. You personally bear the risk of data loss due to the closure of your account.
After closing an account, it is no longer possible to view purchased educational material.
payment
You may purchase licenses for specific Products through membership as specified on the Sites. When you make a purchase, you authorize us to charge the credit or debit card or other payment service you used for the initial payment periodically, depending on the payment plan you have selected (monthly, quarterly, semi-annually, annually, etc.) By agreeing to these terms, you authorize us to automatically renew your membership at regular rates after the initial period, depending on which membership you have selected.
All prices quoted by Will Rogers Approach on the Website are in Euros and include VAT (if applicable) and other government levies unless expressly stated otherwise.
Digital teaching/video material is offered on our website. After you become a member, you can view these educational/video materials as a “stream” in your account environment for a limited period of time. The video material cannot be downloaded.
Refunds and Cancellation
Due to the nature of Will Rogers Approach products and services (Digital Intangible Goods), products and services cannot be “returned”. Therefore, we do not offer refunds or exchanges after purchase. Separate “return conditions” only apply to offered goods. If you have any problems with the products and services, please contact us and we will do our best to solve the problem. If you wish to cancel your membership you must email us 7 days before your next payment (due to processing time) or you can cancel your membership immediately via My Account but before the start of the next period. Of course, you retain access to the material for the period you have already paid for. We have the right to collect the payment due from your account if you fail to comply with these terms.
Rules of Use
It is forbidden to use the Service and parts of the Service for activities that violate German or other applicable laws and regulations. This includes using the service to:
1. Disseminating information that is defamatory, slanderous or racist;
2. Distribution of information that infringes the copyright or other intellectual property rights of third parties;
3. Violating the privacy or private lives of third parties, for example by disclosing their personal information without permission or necessity.
In addition, it is not permitted:
a. to share an account with third parties;
b. download or attempt to download instructional/video material;
c. to post reviews under a different name;
i.e. Post false or unfounded negative reviews.
If a violation of the above Terms is found, Will Rogers Approach may, in its sole discretion, take such action as may be necessary to bring the violation to an end and/or prevent further violations, without Will Rogers Approach being obligated to pay you any compensation.
If, in the sole opinion of Will Rogers Approach, the operation of its computer systems or networks or the networks of third parties becomes impeded or compromised, including, but not limited to, excessive amounts of information or other data sent or retrieved, leaked Personal Data, or virus activity, Trojan horses and similar software, Will Rogers Approach has the right to take any reasonable action it deems necessary to avert or prevent such risk.
Will Rogers Approach may recover any damages or losses resulting from violations from the controller. Such person shall indemnify Will Rogers Approach against any and all third-party claims related to the information offered or sent by that person.
By using Will Rogers Approach, you agree that you will not make money on behalf of Will Rogers Approach by using the name “Will Rogers” or “Will Rogers Approach” to conduct equine studies or clinics. If you use the phrase “Will Rogers” or “Will Rogers Approch”, we reserve the right to take legal action. The methods learned here may not be passed on commercially with the addition “Will Rogers” or “Will Rogers Approch“.
Intellectual property
The instructional/video material and all information and images on the website are the intellectual property of Will Rogers Approach or the parties who have licensed Will Rogers Approach for the purpose. Except where permitted by law, these materials may not be copied or used in any way without the specific written permission of Will Rogers Approach.
When you purchase instructional video material, you acquire a non-exclusive and non-transferable right to view the instructional material for a period specified in the contract. Will Rogers Approach has a limited and perpetual right to use your information for the purposes
Service, reports, benchmarks, statistical and analytical purposes, including future aspects thereof.
If you voluntarily submit information to Will Rogers Approach, such as feedback about an error or a suggestion for improvement, you grant Will Rogers Approach an unrestricted, perpetual right to use that information on the Service.
Force majeure
Will Rogers Approach cannot be held liable to perform any obligation under the Contract if performance is prevented by force majeure. Will Rogers Approach shall not be liable for any loss or damage resulting from acts of God. Cases of force majeure are, in addition to the cases provided for by law or case law, power failures, disruptions in telecommunications infrastructure, network attacks, traffic disruptions, strikes, fires, floods and in the case of Will Rogers Approach is, for whatever reason, not in the able to deliver via own suppliers. If a force majeure situation lasts longer than ninety (90) days, both parties are entitled to terminate the contract in writing with immediate effect.
Changes in the Terms and Conditions
Will Rogers Approach reserves the right to change or amend these Terms and Conditions. Will Rogers Approach will notify you of any changes or additions to the Terms of Service at least thirty (30) days before they become effective.
If you do not wish to accept the change or addition to the General Terms and Conditions, you may object within fourteen (14) days of their notification. Will Rogers Approach will then reconsider the change or addition. If Will Rogers Approach elects to accede to the amendment or amendment, you may terminate the Agreement in writing effective as of the date the amended or amended Terms and Conditions become effective, unless Will Rogers Approach has stated that the original conditions remain unchanged on your part. In the event of termination of the Agreement, Will Rogers Approach will have no obligation to refund any amounts paid by you.
Changes to the Terms and Conditions due to laws and regulations, as well as minor changes, can be made at any time and without notice. Such changes do not give you the right to terminate the contract.
privacy
Your use of the Services is governed by our Privacy Policy, which is incorporated into these Terms. By using the Services, you acknowledge and consent to the collection and use of information by Will Rogers Approach in accordance with the Privacy Policy.
PRIVACY POLICY
Your privacy is important to us. Likewise, we have created this policy to provide you with an understanding of how we collect, use, share, disclose, and make use of personal information. The privacy policy can be found under the “Privacy” button on our website www.willrogersapproach.com.
Disclaimer; Limitation of Liability
- You assume all responsibility and risk for your use of the Services. The Services, including any Products, are provided “as is” without any representations or warranties of any kind, express or implied, including warranties of title, non-infringement, or the implied warranties of merchantability or fitness for a particular purpose.
- While we make good faith efforts to include information on the Services that is substantially accurate, errors or omissions may occur. If we become aware of any errors or omissions, we will make reasonable efforts to correct them from time to time; However, we make no representations or warranties as to the accuracy, completeness, performance, timeliness, or suitability of the Services for any particular purpose, that the Services will meet your requirements, or as to the results to be obtained from using the information contained in the Services.
- In no event will Will Rogers Approach or its affiliates be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way related to your use of, delay in use of, or inability to use the Services. Our liability for direct damages is limited to the fees paid by you for the products giving rise to that liability. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If for any reason this limitation of liability or the disclaimer of warranties set forth above is not applicable or enforceable, Will Rogers Approach’s maximum liability for damages of any kind shall be limited to (I) a refund of the amount paid for it (whichever is less). Product or (II) €100.
- You assume all responsibility and obligations with respect to any decision, advice, conclusion or recommendation made or given as a result of using the Services, including without limitation any decision or action you take in reliance on any Products . The Services do not constitute, and should not be construed as, a recommendation, solicitation, offer, or opinion by Will Rogers Approach or our affiliates, principals, or content providers for any financial transaction or purchase of any financial instrument, including but not limited to securities become any kind of investment. Past performance is no guarantee of future results.
- You assume all responsibility and risk for your use of the Services. There is no guarantee that you will earn any money or achieve any particular results using the techniques and ideas provided in connection with the Services. All information provided in connection with the Services is intended for educational purposes only, for a general audience, and not as specific advice tailored for an individual or business. None of the information provided in connection with the Services shall be construed to constitute medical, psychological, financial or accounting, legal or other professional advice; we urge you to see consult with an appropriate licensed professional if you seek any such advice.
law, place of jurisdiction
These Terms shall be governed by the laws of Germany without regard to conflict of law rules. You and we (Will Rogers Performance Horses) agree that any claim or dispute between us shall be resolved solely in Germany.
contact information
Company name: Will Rogers Performance Horses.
Email: willrogersapproach@gmail.com
Postal address: Ravensberger Strasse 30, 48336 Sassenberg, Germany