Website Terms of Use

Website Terms of Use
​The following Terms of Use are
entered into by and between You and Saddle Up for 2nd Grade (“Company”, “we”, or “us”).
The following terms and
conditions, together with any documents they expressly incorporate by reference
(collectively, these “Terms of Use”),
govern your access to and use of [www.saddleupfor2ndgrade.com], including any
content, functionality and services offered on or through [www.saddleupfor2ndgrade.com]
(the “Website”), whether as a guest
or a registered user.
Please read the Terms of Use
carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of
Use when this option is made available to you, you accept and agree to be bound
and abide by these Terms of Use and our Privacy Policy, incorporated herein by
reference.
If you do not want to agree to these Terms of Use including the
agreements incorporated by reference herein, you must not access or use the
Website.
This Website is offered and
available to users who are 18 years of age or older. By using this Website, you
represent and warrant that you are of legal age to form a binding contract with
the Company and meet all of the foregoing eligibility requirements. If you do
not meet all of these requirements, you must not access or use the Website.
Changes To the Terms Of Use
We may revise and update
these Terms of Use from time to time in our sole discretion. All changes are
effective immediately when we post them, and apply to all access to and use of
the Website thereafter. Your continued use of the Website following the posting
of revised Terms of Use means that you accept and agree to the changes. You are
expected to check this page from time to time so you are aware of any changes,
as they are binding on you.
Privacy
Your use of the Website is
also subject to the Company’s Privacy Policy. Please review our Privacy Policy,
which also governs the Website and informs users of our data collection
practices. Your agreement to the Privacy Policy is hereby incorporated into
these Terms of Use.
Disclaimer
Your use of the Website is
also subject to the Company’s Disclaimer. Please review our Disclaimer, which also
governs the Website and informs users of various limitations regarding the
information provided on the Website. Your agreement to the Disclaimer is hereby
incorporated into these Terms of Use.
Accessing The Website And Account Security
We reserve the right to
withdraw or amend this Website and any service or material we provide on the
Website in our sole discretion without notice. We will not be liable if for any
reason all or any part of the Website is unavailable at any time or for any
period. From time to time, we may restrict access to some parts of the Website,
or the entire Website, to users, including registered users.
To access the Website or some
of the resources it offers, you may be asked to provide certain registration
details or other information. It is a condition of your use of the Website and
any resources downloaded from the Website that all the information you provide
on the Website is correct, current, and complete. You agree that all
information you provide to register with this Website or otherwise, including
but not limited to through the use of any interactive features on the Website,
is governed by our Privacy Policy, and you consent to all actions we take with
respect to your information consistent with our Privacy Policy.
If you choose, or are
provided with, a user name, password or any other piece of information as part
of our security procedures, you must treat such information as confidential,
and you must not disclose it to any other person or entity. You also acknowledge
that your account is personal to you and agree not to provide any other person
with access to this Website or portions of it using your user name, password or
other security information. You agree to notify us immediately of any
unauthorized access to or use of your user name or password or any other breach
of security. You also agree to ensure that you exit from your account at the
end of each session. You should use particular caution when accessing your
account from a public or shared computer so that others are not able to view or
record your password or other personal information.
We have the right to disable
any user name, password or other identifier, whether chosen by you or provided
by us, at any time in our sole discretion for any or no reason, including if,
in our opinion, you have violated any provision of these Terms of Use.
No Unlawful Or Prohibited Use And Intellectual
Property
You are granted a
non-exclusive, non-transferable, revocable license to access and use the
Website and the resources available for download from the Website strictly in
accordance with these Terms of Use.
As a condition of your use of
the Website, you warrant to the Company that you will not use the Website or
any of the resources available for download from the Website for any purpose
that is unlawful or prohibited by these Terms. You may not use the Website or
any of the resources available for download from the Website in any manner that
could damage, disable, overburden, or impair the Website or interfere with any
other party’s use and enjoyment of the Website. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available or provided for through the Website.
All content included as part
of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Website, is the property of
the Company or its suppliers and protected by copyright and other laws that
protect intellectual property and proprietary rights. You agree to observe and
abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes
thereto.
You will not modify, publish,
transmit, 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 on the Website or any of the resources available for download from
the Website.
The Company content is not
for resale. Your use of the Website or any of the resources available for
download from the Website 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 by these Terms.
The Company name, the Company
logo, the Company slogan, and all related names, logos, product and service
names, designs, and slogans are trademarks of the Company or its affiliates or
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
on this Website are the trademarks of their respective owners.
For Educational And Informational Purposes Only
As set forth more fully in
the Disclaimer, the information contained on this Website and the resources
available for download through this Website are for educational and
informational purposes only. ​ The information contained on this Website and
the resources available for download through this Website is not intended as,
and shall not be understood or construed as legal, financial, tax, medical, health,
or any other professional advice.
Accuracy And Personal Responsibility
As set forth more fully in
the Disclaimer, we have done our best to ensure that the information provided
on this Website and the resources available for download are accurate and
provide valuable information, but we cannot guarantee the accuracy of the
information. Neither the Company nor any of its owners or employees shall be
held liable or responsible for any errors or omissions on this Website or for
any damage you may suffer as a result of failing to seek competent advice from
a professional who is familiar with your situation.
By using this Website, you
accept personal responsibility for the results of your actions.  You agree to take full responsibility for any
harm or damage you suffer as a result of the use, or non-use, of the
information available on this Website or the resources available for download
from this Website. You agree to use judgment and conduct due diligence before
taking any actions or implementing any plans or policy suggested or recommended
on this Website.
No Guarantees As To Results
​As set forth more fully in
the Disclaimer, you agree that the Company has not made any guarantees about
the results of taking any action, whether recommended on this Website or not. The
Company provides educational and informational resources that are intended to
help users of this Website succeed. You nevertheless recognize that your
ultimate success or failure will be the result of your own efforts, your
particular situation, and innumerable other circumstances beyond the control
and/or knowledge of the Company.
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 – applying the principles set out in this Website are no guarantee
that you or any other person or entity will be able to obtain similar results.
Email And Other Electronic Communications
Visiting the Website or
sending emails to the Company constitutes electronic communications. You
consent to receive electronic communications and you agree that all agreements,
notices, disclosures, and other communications that we provide to you
electronically, via email and on the Website, satisfy any legal requirement
that such communications be in writing.
We would be pleased to
communicate with you by e-mail, and there are various places on this Website
that provide you the ability to send an electronic communication to the Company.
Any such email or other electronic communication, however, does not create a
business relationship or any contractual relationship.  As set forth more fully in our Privacy
Policy, we will take reasonable steps to ensure that any communications remain
confidential, but we cannot guarantee the security of such communications and
cannot guarantee that we would not be required to disclose such communications
as a result of a court order.
Use Of Communication Services
The Website may contain
bulletin board services, chat areas, news groups, forums, communities, personal
web pages, calendars, blog comment sections and/or other message or
communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, “Communication
Services
”), you agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular
Communication Service.
By way of example, and not as
a limitation, you agree that when using a Communication Service, you will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others; publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or information; upload
files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents; upload files that
contain viruses, corrupted files, or any other similar software or programs
that may damage the operation of another’s computer; advertise or offer to sell
or buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages; conduct or forward
surveys, contests, pyramid schemes or chain letters; download any file posted
by another user of a Communication Service that you know, or reasonably should
know, cannot be legally distributed in such manner; falsify or delete any
author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained in a
file that is uploaded, restrict or inhibit any other user from using and
enjoying the Communication Services; violate any code of conduct or other
guidelines which may be applicable for any particular Communication Service;
harvest or otherwise collect information about others, including e-mail
addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation
to monitor the Communication Services. However, the Company reserves the right
to review materials posted to a Communication Service and to remove any
materials in its sole discretion. The Company reserves the right to terminate
your access to any or all of the Communication Services at any time without
notice for any reason whatsoever.
The Company reserves the
right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part,
in the Company’s sole discretion.
Always use caution when
giving out any personally identifying information about yourself in any
Communication Service. The Company does not control or endorse the content,
messages or information found in any Communication Service and, therefore, the
Company specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication
Service. Managers and hosts are not authorized the Company spokespersons, and
their views do not necessarily reflect those of the Company.
Materials uploaded to a
Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such
limitations if you upload the materials.
Materials Provided To The Website
The Company does not claim
ownership of the materials you provide to the Website (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
Submission you are granting the Company, our affiliated companies, and
necessary sub-licensees permission to use your Submission 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 Submission; and to publish your
name in connection with your Submission.
No compensation will be paid
with respect to the use of your Submission, as provided herein. The Company is
under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in 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.
Links To Third Party Websites And Services
The Website may contain links
to other Websites (“Linked Websites”).
The Linked Websites are not under the control of the Company and the Company is
not responsible for the contents of any Linked Website, including without
limitation any link contained in a Linked Website, or any changes or updates to
a Linked Website. The Company is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by the
Company of the Website or any association with its operators.
Certain services made
available via the Website are delivered by third-party Websites and
organizations. By using any product, service, or functionality originating from
the Website, you hereby acknowledge and consent that the Company may share such
information and data with any third party with whom the Company has a
contractual relationship to provide the requested product, service or
functionality on behalf of the Website’s users and customers.
[THE
FOLLOWING SECTIONS ARE OPTIONAL BASED ON YOUR BUSINESS. INCLUDE ALL THAT APPLY]
Use Of Templates And Forms
The Company provides various
templates and/or forms for download and/or sale on this Website. The Company
grants you a limited, personal, non-exclusive, non-transferable license to use
our templates and/or forms for your own personal or internal business use.
Except as otherwise provided, you acknowledge and agree that you have no right
to modify, edit, copy, reproduce, create derivative works of, reverse engineer,
alter, enhance or in any way exploit any of the templates and/or forms in any
manner, except for modifications in filling out the templates and/or forms for
your authorized use.
By ordering or downloading
Forms, you agree that the Forms you purchase or download may only be used by
you for your personal or business use and may not be sold or redistributed
without the express written consent of the Company.
Use of Paid Courses, Programs, and Associated
Material
The Company from time-to-time
provides various courses, programs, and associated material for sale on this
Website. The Company grants you a limited, personal, non-exclusive,
non-transferable license to use our courses, programs, and associated material
(collectively the “Courses”) for
your own personal or internal business use. Except as otherwise provided, you
acknowledge and agree that you have no right to modify, edit, copy, reproduce,
create derivative works of, reverse engineer, alter, enhance or in any way
exploit any of the Courses in any manner.
By ordering or participating
in Courses, you agree that the Courses you purchase or download may only be
used by you for your personal or business use and may not be sold or
redistributed without the express written consent of the Company.
By ordering or participating
in Courses, you further agree that you shall not create any derivative work
based upon the Courses and you shall not offer any competing products or
services based upon any information contained in the Courses.
Use Of Free Downloadable Content
The Company provides various
resources on this Website, which users may access by providing an e-mail
address. The Company grants you a limited, personal, non-exclusive,
non-transferable license to use our resources provided in exchange for an email
address (the “Freemium Content”) for
your own personal or internal business use. Except as otherwise provided, you acknowledge
and agree that you have no right to modify, edit, copy, reproduce, create
derivative works of, reverse engineer, alter, enhance or in any way exploit any
of the Freemium Content in any manner.
By downloading the Freemium
Content, you agree that the Fremium Content you download may only be used by
you for your personal or business use and may not be sold or redistributed
without the express written consent of the Company.
By downloading the Freemium
Content, you further agree that you shall not create any derivative work based
upon the Freemium Content and you shall not offer any competing products or
services based upon any information contained in the Freemium Content.
Guests
The Company may, from time to
time, provide information from a third party in the form of a podcast guest
interview, interview on other platform, guest blog post, or other medium. The
Company does not control the information provided by such third-party guests,
is not responsible for investigating the truth of any information provided, and
cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to
appear as guests on any podcast offered by the Company agree to transfer all
intellectual property rights they may have in any such interviews to the
Company and further provide a license to any rights they are unable to assign.
No Refunds
All sales are final, and the
Company does not offer any money-back guarantees. You recognize and agree that
you shall not be entitled to a refund for any purchase under any circumstances.
[END OF
OPTIONAL CONTENT]
No Warranties
THE COMPANY MAKES NO
WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY
FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS,
BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. 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 THE
COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY
ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION
CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS
WEBSITE.  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
THIS WEBSITE.
THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE WEBSITE 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 ON THE WEBSITE 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 WITH REGARD TO 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 WEBSITE, WITH THE DELAY OR
INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE WEBSITE, 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/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
[CHOOSE ONE OF THE FOLLOWING:
Arbitration
​You hereby expressly waive any and all claims you may have, now or in
the future, arising out of or relating to this Website, the Company, any and
all contracts you enter into with the Company, and any and all of the Company’s
products and services.
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 [
Henderson, Texas]. 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.
International Users
The Service is controlled,
operated and administered by the Company from our offices within the USA. If
you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Company
Content accessed through the Website in any country or in any manner prohibited
by any applicable laws, restrictions or regulations.
Indemnification
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 Website or 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.
Termination And Access Restriction
The Company reserves the
right, in its sole discretion, to terminate your access to the Website and the
related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, and you hereby consent to resolve any and all
disputes arising under or related to this Website or the Terms of Use pursuant
to the [Arbitration/Dispute
Resolution
] Clause above. Use of the Website is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms,
including, without limitation, this section.
No Joint Venture Or Other Relationship​
You agree that no joint
venture, partnership, employment, or agency relationship exists between you and
the Company as a result of this agreement or use of the Website. The Company’s
performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of the Company’s right
to comply with governmental, court, and law enforcement requests or
requirements relating to your use of the Website or information provided to or
gathered by the Company with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the agreement
shall continue in effect.
Entire Agreement
Unless otherwise specified
herein, this agreement, along with the Privacy Policy and Disclaimer,
constitutes the entire agreement between the user and the Company with respect
to the Website and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and the
Company with respect to the Website. 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. It is the express
wish to the parties that this agreement and all related documents be written in
English.
Changes to Terms
The Company reserves the
right, in its sole discretion, to change the Terms under which the Website is
offered. The most current version of the Terms will supersede all previous
versions. The Company encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
The Company welcomes your
questions or comments regarding the Terms:
Saddle Up for 2nd
Grade
Henderson, TX
Email Address: saddleupfor2ndgrade@gmail.com
Effective as of 5/26/2018