Welcome to The Horse Help Challenge! By signing up for a The Horse Help Challenge (as defined in Section 1) or by using any Gascon Horsemanship Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us”, “our” and “Gascon Horsemanship” means the applicable Gascon Horsemanship Contracting Party (as defined in Section 13 below), and “you” means the Gascon Horsemanship user (if registering for or using a Gascon Horsemanship Service as an individual), or the business employing the Gascon Horsemanship User (if registering for or using a Gascon Horsemanship Service as a business) and any of its affiliates.
Gascon Horsemanship provides a complete 30-day Horse Help Challenge that provides members to online training for their horse activities. Among other features, this challenge includes a kit if members decide to upgrade. Any such service or services offered by Gascon Horsemanship are referred to in these Terms of Services as the “Service(s)”. Any new features or tools which are added to the current Services will also be subject to the Terms of Service.
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Gascon Horsemanship's Acceptable Use Policy (“AUP”) and Privacy Policy, and, if applicable, the Supplementary Terms of Service for E.U. Merchants ("EU Terms"), the Gascon Horsemanship API License and Terms of Use (“API Terms”) before you may sign up for The Horse Help Challenge or use any Gascon Horsemanship Service.
Everyday language summaries are provided for convenience only and appear in bold near each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Gascon Horsemanship or any Gascon Horsemanship services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
1.) To access and use the Services, you must register for the Horse Help Challenge account (“Account”). To complete your Account registration, you must provide us with your full legal name, shipping address, billing address, phone number, a valid email address, and any other information indicated as required. Gascon Horsemanship may reject your registration for an Account, or cancel an existing Account, for any reason, at our sole discretion. 2.) You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
3.) You acknowledge that Gascon Horsemanship will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to Gascon Horsemanship and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Gascon Horsemanship can only be authenticated if they come from your Primary Email Address.
4.) You are responsible for keeping your password secure. Gascon Horsemanship cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion. 5.) Technical support in respect of the Services is only provided to Gascon Horsemanship Users. Questions about the Terms of Service should be sent to Gascon Horsemanship Support.
6.) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Gascon Horsemanship.
7.) You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside Gascon Horsemanship Checkout, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
2.) Gascon Horsemanship Rights
1.) The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time. 2.) Gascon Horsemanship does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate our AUP or these Terms of Service. 3.) Verbal or written abuse of any kind (including threats of abuse or retribution) of any Gascon Horsemanship employee, member, or officer will result in immediate Account termination. 4.) We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that Gascon Horsemanship employees and contractors may also be Gascon Horsemanship customers or merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so. 5.) In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity. 6.) Gascon Horsemanship reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Account Owner, without prejudice to our other rights and remedies, Gascon Horsemanship reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.
3.) Your Responsibilities
1.) You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfilment timelines on your Gascon Horsemanship Account.
2.) You may not use the Gascon Horsemanship Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your store or that may be held by you) in your use of the Service and your performance of obligations under the Terms of Service.
3.) The API Terms govern your access to and use of the Gascon Horsemanship API (as defined therein). You are solely responsible for the activity that occurs using your API Credentials (as defined in the API Terms) and for keeping your API Credentials secure.
4.) You agree to use Gascon Horsemanship Checkout for any sales associated with your purchase. “Gascon Horsemanship Checkout” means Gascon Horsemanship's checkout experience that allows Customers to enter their shipping information and payment details after adding item(s) to their cart and before placing an order, including checkouts that occur through the Clickfunnel Checkout API.
4.) Payment Of Fees and Taxes
1.) You will pay the Fees applicable to your purchase to Online Service and/or POS Services (“Purchase Fees”) and any other applicable fees (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as Clickfunnel API Payments, POS Equipment, shipping, apps, Themes, domain names, Experts Marketplace, or Third Party Services (“Additional Fees”). Together, the Purchase Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”. 2.) You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Gascon Horsemanship will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Gascon Horsemanship will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments will be in U.S. currency. 3.) Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Gascon Horsemanship’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Member via the Primary Email Address provided. As well, an invoice will appear on the Account page of the owner or emailed. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees. 4.) If we are not able to process payment of Fees using an Authorized Payment Method, we may make subsequent attempts to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees using an Authorized Payment Method within 28 days of our initial attempt, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your storefront during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Shopify reserves the right to terminate your Account in accordance with Section 14. 5.) All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services (including Goods and Sales Tax under the Goods and Services Tax Act, Chapter 117A of Singapore), harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). 6.) You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Gascon Horsemanship’s products and services. To the extent that Gascon Horsemanship charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Gascon Horsemanship of your exemption. If you are not charged Taxes by Gascon Horsemanship, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction. 7.) For the avoidance of doubt, all sums payable by you to Gascon Horsemanship under these Terms of Service will be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Gascon Horsemanship to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law will be borne by you and paid separately to the relevant taxation authority. Gascon Horsemanship will be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
5.) Confidentiality
1.) “Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Gascon Horsemanship’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices. 2.) Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
6.) Limitation of Liability and Indemnification
1.) You expressly understand and agree that, to the extent permitted by applicable laws, Gascon Horsemanship and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence). 2.) You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Gascon Horsemanship partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference (including the AUP); (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of the Terms of Service. 3.) Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory 4.) Gascon Horsemanship does not warrant that the Services will be uninterrupted, timely, secure, or error-free. 5.) Gascon Horsemanship does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
6.) Gascon Horsemanship does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
7.) Gascon Horsemanship Intellectual Property
1.) You agree that you may not use any trademarks, logos, or service marks of Gascon Horsemanship, whether registered or unregistered, including but not limited to the word mark HORSE HELP, and the “HORSE HELP LOGO”, (“Horse Help Trademarks”) unless you are authorized to do so by Gascon Horsemanship in writing. You agree not to use or adopt any marks that may be considered confusing with the Gascon Horsemanship Trademarks. You agree that any variations or misspellings of the Gascon Horsemanship Trademarks would be considered confusing with the Gascon Horsemanship Trademarks. 2.) You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include Gascon Horsemanship or Gascon Horsemanship Trademarks or that use or include any terms that may be confusing with the Gascon Horsemanship Trademarks. 3.) You acknowledge and agree that the Terms of Service do not give you any right to implement Gascon Horsemanship patents.
7. Privacy and Data Protection
1.) Gascon Horsemanship is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Gascon Horsemanship’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.
2.) To the extent that Gascon Horsemanship processes personal information of your customers as a “data processor” or “service provider” under certain data privacy or protection laws, including the EU or UK General Data Protection Regulation and the California Consumer Privacy Act, Gascon Horsemanship’s collection and use of personal information is also subject to our Data Processing Addendum.
8. Term and Termination
1.) The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the “Term”).
2.) You may cancel your Account and terminate the Terms of Service at any time by contacting Horse Help Support and then following the specific instructions indicated to you in Gascon Horsemanship’s response.
3.) Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.
Upon termination of the Services by either party for any reason:
- Gascon Horsemanship will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to Gascon Horsemanship for your use of the Services through the effective date of such termination will immediately become due and payable in full;
4.) If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
8. Modifications
1.) We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address, providing notice through the Gascon Horsemanship administrative console, or by similar means. However, Gascon Horsemanship may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.
2.) Gascon Horsemanship may change the Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Fees by sending an email to the Primary Email Account, providing notice through the Gascon Horsemanship administrative console, or by similar means. Gascon Horsemanship will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).
8. General Conditions
1.) The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Gascon Horsemanship and govern your use of the Services and your Account, superseding any prior agreements between you and Gascon Horsemanship (including, but not limited to, any prior versions of the Terms of Service).
2.) The failure of Gascon Horsemanship to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service will remain in full force and effect.
3.) Save for Gascon Horsemanship and its affiliates, you or anyone accessing Gascon Horsemanship Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.
4.) The Terms of Service will be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws.
5.) The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Gascon Horsemanship’s Terms of Service available in another language, the most current English version of the Terms of Service will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Gascon Horsemanship (acting in its sole discretion) or as required by applicable law.
6.) All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Gascon Horsemanship will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Gascon Horsemanship’s prior written consent, to be given or withheld in Gascon Horsemanship’s sole discretion.
7.) If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
8.) On termination, all related rights and obligations under the Terms of Service immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and Sections 1 (Account Terms), 5 (Payment of Fees), 6 (Confidentiality), 7 (Limitation of Liability and Indemnification), 8.1 (Intellectual Property and Your Materials), 9.7(8)-(10) (Third Party Services, Experts, and Experts Marketplace), 10 (Feedback and Reviews), 12 (Privacy and Data Protection), 13 (Gascon Horsemaship Contracting Party), 14 (Cancellation and Termination), 15(1) (Modifications), and 16 (General Conditions) will survive the termination or expiration of these Terms of Service.
