Acceptance Of Terms
Read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.carsonjames.com website (the “Website”) operated by CarsonJames.com LLC (“Company”).
By accessing the Service as a visitor (“Visitor”) or a member (“Member”), each Visitor and Member acknowledges having read and understood these Terms and agrees to be bound by them.
By accessing or using the Website, each Visitor or Member acknowledges that he or she is 18 years of age or older or has permission from his or her parent or guardian to access the Website.
Visitor and Member access to and use of the Website is conditioned upon the Visitor’s or Member’s acceptance of and compliance with these Terms. These Terms apply to all Visitors, Members, and any other persons who access or use the Website.
By accessing or using the Website, a Visitor or Member agrees to be bound by these Terms. Any Visitor or Member that disagrees with any of these Terms does not have Company’s permission to access the Website.
Company reserves the right, in Company’s sole and absolute discretion, to change, modify or otherwise alter these Terms at any time. Each Visitor and Member must review these Terms at http://carsonjames.com/terms/ on a regular basis to keep informed of any changes.
These Terms apply to all Company products and services accessed or sold on the Website.
From time to time, Company may offer one or more product Free + shipping & handling (“Free Product”). Any Free Product may be claimed through various social media advertising and from promotions sent out to Company’s email list. When ordering a Free Product, a Visitor or Member is in NO WAY required to purchase any additional product or service in order to receive the Free Product.
If a Member or Visitor purchases any product or service (a “Purchase”) made available through the Website, the Member or Visitor will be asked to supply certain information relevant to such Purchase including, without limitation, the Member’s or Visitor’s credit card number, the expiration date on the credit card, the billing address, and shipping address.
The Member or Visitor represents and warrants that: (i) the Member or Visitor has the legal right to use the credit card(s) or other payment method(s) supplied to Company in connection with the Purchase; and (ii) the information the Member or Visitor supplies to Company is true, correct and complete.
The Company reserves the right to refuse or cancel a Member’s or Visitor’s order at any time for any reason, including, but not limited to: product or service availability, errors in the description or price of the product or service, errors contained in the Member or Visitor’s order, or for other any other reason.
The Company reserves the right to refuse or cancel an order if the Company suspects fraud, or if the Company suspects the transaction is unauthorized or illegal.
A Member’s or Visitor’s shipping address must be the same as the billing address. Company cannot ship to a different address.
Refunds And Subscription Cancellations
A Member may cancel his or her subscription to the Website at any time. To cancel a subscription, the Member must send an email to email@example.com with “Cancel My Subscription” in the subject line.
The Company offers a 30-day money back guarantee on every product and service excluding Free Products. Shipping and handling charges cannot be refunded.
After the 30-day period expires, absolutely no refunds will be processed for any reason.
To obtain a refund for the Carson James Website Membership (the “Membership”) within the 30-day period, the Member must send an email to firstname.lastname@example.org and return the Horsemanship Fundamentals DVD the Member received free as a bonus for enrolling in the Membership. Once the Company receives the DVD, under the conditions below, the Member’s refund will be processed.
To obtain a refund for any other DVD, please follow the instructions below. Once the Company receives the DVD under the conditions below, the Company will process the refund.
The Member or Visitor must send an email requesting a refund to email@example.com.
Once a returned item is received by the Company, the Company will process the refund in no more than 15 days. All refunds will be returned in the form received: either as a refund on the credit card used or in the form of a check made out to the Member or Visitor and mailed to the billing address on the original order.The Member or Visitor has 30 days from the date of the original Purchase to return the product in order to receive a refund. Any refund request received after the 30-day period will not be processed. To ensure the returned product is not lost or damaged, it is highly recommended that the Member or Visitor use certified mail, return receipt requested. If Company does not have a record of the returned product, and the Member or Visitor does not have proof of delivery, Company cannot issue a refund.
Subscriptions And Trials
The Membership, which may start with a $1 trial, will continue on a month-to-month basis until the Membership is cancelled by the Member or terminated by the Company.
In order to utilize the Membership:
- The Member must have Internet access.
- The Member must provide Company with a current, valid, acceptable method of payment to use the Membership.
- Company will bill the monthly Membership fee to the payment method provided when the Member signs up for the Membership unless it is updated or changed by the Member.
- The Member must cancel the Membership before the Membership renews each month in order to avoid being billed for the next month’s Membership fees.
- To cancel the Membership at any time, please send an email to firstname.lastname@example.org with “Cancel My Subscription” in the subject line.
Trial Memberships: A Membership may begin with a trial period lasting 14 days or 30 days (depending on the offer). Trial Memberships are for new and certain former members only. Company reserves the right, in Company’s sole and absolute discretion, to determine eligibility for a Trial Membership.
Members will be automatically billed the $19.99 monthly Membership fee after the trial period ends. Company will continue to bill the monthly Membership fee to the payment method provided by the Member until the Membership is cancelled by the Member or terminated by the Company. To cancel the Membership at any time, please send an email to email@example.com with “Cancel My Subscription” in the subject line.
Monthly Memberships: The Member has 30 days from the date of purchase to request a refund for the Member’s monthly Membership. Any refund request received after the initial 30-day period will not be processed. To cancel the Membership at any time, please send an email to firstname.lastname@example.org with “Cancel My Subscription” in the subject line.
Monthly Memberships automatically renew each month at the stated retail price until the Member notifies the Company that the Member wishes to cancel. To cancel a Membership at any time, please send an email to email@example.com with “Cancel My Subscription” in the subject line.
Member agrees to provide accurate and complete information to Company when Member registers for, and uses the Services. Additionally, the Member agrees to update the Member’s account information to keep it accurate and complete. The Member agrees that Company may store and use the information the Member provides for use in maintaining and billing the Member’s Account.
LIMITATION ON LIABILITY.
ALL LIVE STREAM EVENTS AND ALL CONTENT AND SOFTWARE ASSOCIATED WITH LIVE STREAM EVENTS, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH A LIVE STREAM EVENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT USE OF THE LIVE STREAM WILL BE UNINTERRUPTED OR ERROR-FREE.
Company is not responsible for any problems or the technical malfunction of any network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or redemption to be received by Company on account of technical problems or traffic congestion online or on the Internet or at any Website, or any combination thereof including any injury or damage to any Member’s or Visitor’s or any other person’s or entity’s computer related to or resulting from downloading or streaming any materials consistent with this agreement or subsequent use of any of Company owned products or services. If, for any reason, the stream is not capable of running online as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond Company’s control which threatens, corrupts, or adversely affects the administration, security, fairness, integrity or proper conduct of a live stream offer, Company reserves the right, in Company’s sole discretion, to cancel, terminate or suspend the offer and/or any subscription.
Social Media Groups and Communities
Horse owners with all levels of experience and expertise are welcome here. The Company has Visitors and Members of all skill and experience levels, from first time horse owners to professional trainers.
The Company wants people to feel safe when using the Company’s social media pages, groups and forums. For that reason, the Company has developed a set of community guidelines, outlined below. These policies will help each Member and Visitor to understand the type of sharing allowed in the Company’s social media groups and communities, and the type of content that may be reported to and removed by the Company. Because of the diversity of the Company’s global community, please keep in mind that something that may be disagreeable or disturbing to a Member or Visitor may not violate the Company’s community guidelines.
#1 If a Member or Visitor has any questions or issues relating to Membership or an Purchase, do not post them in any social media group, page, or forum. Please contact the Company with questions or issues related to Membership or a Purchase. A Member or Visitor may contact the Company via email at firstname.lastname@example.org or by phone at (386) 249-9561.
#2 Do not be rude or hateful for any reason. If a Member or Visitor does not have anything nice to say please the Member or Visitor should not say anything. A Member or Visitor may not agree with everything posted in one or more of Company’s social media pages, group, or communities. That is OK. If a Member or Visitor wants to state his or her disagreement by commenting via social media, that is 100% OK. Company asks only that it be posted politely.
#3 Do not advertise any business in this group and do not post any external links for other products or charities. Do not post GoFundMe campaign links. Company will remove such posts immediately.
#4 Keep on topic. Please try to make posts that are as relevant to horses and horse training as possible. Do not post anything that does not have anything to do with horses.
#5 Do not post graphic or disturbing photos, videos and other media in this group. If unsure about the content of the item to be posted, please send an email to email@example.com and ask.
#6 Do not post about another post being deleted. Company will delete any follow-up posts as well.
If a Member or Visitor sees an individual or a post that is breaking one or more of these rules, please report it by clicking the arrow in the top right corner of the post and then clicking “report post”.
Company reserves the right to remove repeat violators from any social media page, group, forum or other online entity.
A Member’s or Visitor’s access to and use of any and all of Company’s social media groups and communities is conditioned upon the Member’s or Visitor’s acceptance of and compliance with these terms. If a Member or Visitor disagrees with any of these terms, that Member or Visitor does not have permission to access the group or the Website.
Horses, horse activities and horse-training can all be extremely dangerous. Although horses can appear to be calm and passive animals, they can be unpredictable and dangerous at times. Do not attempt any of the training demonstrations or advice received from Company or other Members Or Visitors without proper supervision, safety equipment and proper facilities.
None of Company’s, its employees, agents, sponsors, or producers of the horse training videos, articles, and other visual or written material produced by Company are liable or responsible for any injury, injuries, or loss that may be sustained based on use of the exercises, demonstrations, or advice for horse and horse training activities contained on any social media site, page, group, or other online entity.
EACH MEMBER AND VISITOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND Company, its employees, agents, sponsors, or producers FROM ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND ANY AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, RESULTING DIRECTLY OR INDIRECTLY FROM ANY CLAIM BASED ON A MEMBER’S OR VISITOR’S USE OF THE SERVICE.
Each Member and Visitor agrees that Company’s services, graphics, user interface, audio clips, video clips, editorial content, templates and the scripts and software used to implement Company’s Website, contains proprietary information and material that is owned by Company and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. Each Member and Visitor agrees that he or she will not use such proprietary information or materials in any way whatsoever except for use of Company in compliance with this Agreement. No portion of the Website may be reproduced in any form or by any means. Each Member and Visitor agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website in any manner, and no Member or Visitor shall exploit the Website in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Company and its licensors reserve the right to change, suspend, remove, or disable access to the Website, the Company’s services, products, content, or other materials comprising a part of the Company’s brand at any time without notice. In no event will Company be liable for making these changes. Company may also impose limits on the use of or access to certain features or portions of Company services, in any case and without notice or liability.
All copyrights in and to Company and the Website (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and all related software are owned by Company and/or its licensors, and Company reserves all rights to such intellectual property at law and in equity.
THE USE OF THE SOFTWARE OR ANY PART OF THIS WEBSITE, EXCEPT FOR USE OF COMPANY AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Company’s logo, other Company trademarks, service marks, graphics, and logos used in connection with Company are trademarks or registered trademarks of CarsonJames.com LLC in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with Company and/or the Website may be the trademarks of their respective owners. Members and Visitors are not granted a right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Disclaimer And Limitations Of Liability
Horses, horse activities and horse training can all be extremely dangerous. Although horses can appear to be calm and passive animals, they can be unpredictable and dangerous at times. Do not attempt any of the training demonstrations or advice received from Website without proper supervision, safety equipment and proper facilities.
Neither Company, its employees, agents, sponsors, or producers of the horse training videos, articles, and other visual or written material are liable or responsible for any injury, injuries, or loss that may be sustained based on use of the exercises, demonstrations, or advice for horse and horse training activities contained on this Website. If you are not comfortable with any of the exercises, demonstrations, advice, or activities contained on this Website, then do not attempt it.
ANY ATTEMPT BY MEMBER OR VISITOR TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS WEBSITE MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, COMPANY WILL DISQUALIFY SUB MEMBER’S OR VISITOR’S ATTEMPTED REDEMPTION AND RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH MEMBER OR VISITOR TO THE FULLEST EXTENT PERMITTED BY LAW.
THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. EACH MEMBER AND VISITOR ACKNOWLEDGES THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY COMPANY, CARSON JAMES, OR CARSON RHODENIZER. MEMBER AND VISITOR ALSO ACKNOWLEDGES THAT ACCESS TO THE WEBSITE AND/OR WEBSITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. EACH MEMBER AND VISITOR ASSUMES TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND WEBSITE-RELATED SERVICES.
NEITHER COMPANY, CARSON JAMES, CARSON RHODENIZER, NOR ANY OF COMPANY’S EMPLOYEES, AGENTS, SPONSORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, SITE-RELATED SERVICES, DVD’S SOLD ON THE WEBSITE, CONTENT WITHIN THE DVD’S SOLD ON THE SITE AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE. A MEMBER OR VISITOR SPECIFICALLY ACKNOWLEDGES THAT COMPANY, CARSON JAMES, AND CARSON RHODENIZER ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF MEMBERS OR VISITORS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH MEMBER AND VISITOR. A MEMBER’S OR VISITOR’S SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, WEBSITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES.
In no event shall Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) a Member’s or Visitor’s access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of a Member’s or Visitor’s transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Each Member and Visitor agrees to defend, indemnify and hold harmless Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) use and access of the Website, by a Member, a Visitor, or any person using a Member’s or Visitor’s account and password, or b) a breach of these Terms.
A Member’s or Visitor’s use of the Website is at the Member’s or Visitor’s sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website will meet a Member’s or Visitor’s requirements.
Contests, Sweepstakes and Promotions
Links To Other Web Sites
Company’s Website may contain links to third party websites or services that are not owned or controlled by Company.
Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. Company does not warrant the offerings of any of these entities/individuals or their websites.
Each Member and Visitor acknowledges and agrees that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
Company strongly advises each Member and Visitor to read the terms and conditions and privacy policies of any third party websites or services visited by such Member or Visitor.
This Agreement shall be governed and construed in accordance with the laws of Florida. Each Member and Visitor agrees to submit to the personal jurisdiction of the courts located in Suwannee County, Florida, and any cause of action which arises from the use of this Website, participation in services offered hereby, or from interpretation of these Terms and Conditions must be filed in the courts located in Suwannee County, Florida.