Terms and Conditions
Welcome to HORSEpro.tv! We are a subscription service that provides our members with access to motion pictures, television and other audio-visual entertainment (“HORSEpro.tv content”) streamed over the Internet to certain Internet-connected TV’s, computers and other devices. We provide you with high quality video of horse training in several ranch and performance disciplines with a focus on building a strong foundation in young horses. This Website is not directed to persons under eighteen (18) years of age without parental supervision. The Website is owned by Horse Pro LLC. These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by HORSEpro.tv, the mobile or tablet versions thereof, any HORSEpro.tv software, and any applications created by HORSEpro.tv whether available through a social networking site or its subsidiaries or affiliated companies. Please note that the availability of any HORSEpro.tv applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between HORSEpro.tv and such social networking site, mobile or tablet device, or internet television or other technology platform.
You agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with HORSEpro.tv (except for matters that may be taken to small claims court).
The HORSEpro.tv service is provided by Horse Pro LLC.
Privacy. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
Communication Preferences. By using the HORSEpro.tv service, you consent to receiving electronic communications from HORSEpro.tv relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the HORSEpro.tv service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with HORSEpro.tv. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new HORSEpro.tv features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the “Communication settings” link on the “Your Account” page of our website to manage your HORSEpro.tv communications. Please review our Privacy Statement (www.horsepro.tv/Privacy) for further detail on our marketing communications.
Membership, Free Trials, Billing and Cancellation
Ongoing Membership. Your HORSEpro.tv membership will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the HORSEpro.tv service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month or each year in order to avoid billing the next month’s membership fees to your Payment Method.
Recurring Billing. By starting your HORSEpro.tv membership and providing or designating a Payment Method, you authorize us to charge you a monthly or yearly membership fee at the the current rate, and any other charges you may incur in connection with your use of the HORSEpro.tv service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly or yearly in one or more charges.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the HORSEpro.tv website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You may cancel your HORSEpro.tv membership at any time, and you will continue to have access to the HORSEpro.tv service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL YEAR MEMBERSHIP PERIODS OR UNWATCHED HORSEpro.tv CONTENT. To cancel, go to the “Your Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “View billing details” on the “Your Account” page. If you signed up for HORSEpro.tv using your account with a third party as a Payment Method, and wish to cancel your HORSEpro.tv membership at any time, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the HORSEpro.tv service through that third party. You may also find billing information about your HORSEpro.tv membership by visiting your account with the applicable third party.
The HORSEpro.tv service and any content viewed through our service are for your personal and non-commercial use only. During your HORSEpro.tv membership, we grant you a limited, non-exclusive, non-transferable, license to access the HORSEpro.tv service and view HORSEpro.tv content through the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
You may view HORSEpro.tv content through the HORSEpro.tv service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such HORSEpro.tv content. The content that may be available to watch will vary by geographic location. HORSEpro.tv may use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. You may not simultaneously stream content on multiple devices.
We continually update the HORSEpro.tv service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of HORSEpro.tv content, delivery and pricing. We reserve the right to, and by using our service you agree that we may include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
The availability of HORSEpro.tv content to watch will change from time to time, and from country to country. The quality of the display of the HORSEpro.tv content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. HORSEpro.tv makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching HORSEpro.tv content will vary based on a number of factors, including your location, available bandwidth at the time, the HORSEpro.tv content you have selected and the configuration of your HORSEpro.tv ready device.
HORSEpro.tv software is developed by, or for, HORSEpro.tv and is designed to enable streaming and viewing of content from HORSEpro.tv through HORSEpro.tv ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE HORSEpro.tv AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the HORSEpro.tv service. If your HORSEpro.tv ready device is sold, lost or stolen, please deactivate the HORSEpro.tv ready device. If you fail to log out or deactivate your device, subsequent users may access the HORSEpro.tv service through your account and may be able to access certain parts of your account information. To deactivate a device, follow instructions on the “Your Account” page of our website.
Passwords & Account Access
The member who created the HORSEpro.tv account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the HORSEpro.tv account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting HORSEpro.tv Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
In order to provide you with ease of access to your account and to help administer the HORSEpro.tv service, HORSEpro.tv implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the HORSEpro.tv service, which includes accessing via HORSEpro.tv ready devices or website.
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the HORSEpro.tv website and not through a hyperlink in an email or any other electronic communication, even if it looks official. HORSEpro.tv reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. HORSEpro.tv is not obligated to credit or discount a membership for holds placed on the account by either a representative of HORSEpro.tv or by the automated processes of HORSEpro.tv.
Disclaimers of Warranties and Limitations on Liability
THE HORSEpro.tv SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THERE WITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE HORSEpro.tv SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. HORSEpro.tv DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE HORSEpro.tv SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. HORSEpro.tv SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, HORSEpro.tv READY DEVICES, AND HORSEpro.tv SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL HORSEpro.tv, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Promotions. From time to time promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers. If you received a promotional code through an offer by a third party, additional conditions may apply.
Copyright. The HORSEpro.tv service, including all content provided on the HORSEpro.tv service, is protected by copyright, trade secret or other intellectual property laws and treaties.
HORSEpro.tv is owned by Horse Pro LLC.
Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the HORSEpro.tv service, please notify us by sending an email here: email@example.com.
Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the HORSEpro.tv service. These Applications may import data related to your HORSEpro.tv account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and HORSEpro.tv is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY HORSEpro.tv AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
Use of Information Submitted. HORSEpro.tv is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the HORSEpro.tv service, including the HORSEpro.tv website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the HORSEpro.tv service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note HORSEpro.tv does not accept unsolicited materials or ideas for HORSEpro.tv content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to HORSEpro.tv. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against HORSEpro.tv and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
If you elect to seek arbitration or file a small claim court action, you must first send to HORSEpro.tv, by certified mail, a written Notice of your claim (“Notice”). The Notice to HORSEpro.tv must be addressed to: Horse Pro LLC, PO Box 2638, Glen Rose, Texas 76043 (“Notice Address”). If HORSEpro.tv initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by HORSEpro.tv, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If HORSEpro.tv and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or HORSEpro.tv may commence an arbitration proceeding or file a claim in small claims court.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after HORSEpro.tv receives notice at the Notice Address that you have commenced arbitration, HORSEpro.tv will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless HORSEpro.tv and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. All arbitration proceedings under this Agreement shall be held exclusively in Glen Rose, Texas. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of HORSEpro.tv’s last written settlement offer made before an arbitrator was selected (or if HORSEpro.tv did not make a settlement offer before an arbitrator was selected), then HORSEpro.tv will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND HORSEpro.tv AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and HORSEpro.tv agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Waiver of Liability
You are accessing and using HORSEpro.tv content which is offered by HORSEpro.tv through the service (collectively, the “Activities”).
You recognize that the Activities and all activities involving horses are inherently dangerous. You understand that HORSEpro.tv is not liable for injuries, death, or damage to personal property, including horses and livestock, if you attempt the Activities. In consideration of being permitted to participate in the Activities, you agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of participating in the Activities including those which may result from the negligence of HORSEpro.tv.
You understand that the HORSEpro.tv content is demonstrated by professionals and that if you are not a professional, you should only attempt the Activities under the direction or consultation of a professional. HORSEpro.tv content is intended for entertainment and education purposes and does not constitute a relationship with a professional.
You recognize that you must be in adequate physical and mental health to participate in the Activities. You understand that the Activities may require intense physical exertion, and you represent and warrant that you are physically fit enough to participate and you have no medical condition which would prevent full participation in the Activities. You recognize that the Activities may cause a physical injury or medical condition. You understand that it is your responsibility to consult with a physician before you participate in the Activities. If you have done so, you have taken the physician’s advice.
HORSEpro.tv content does not constitute veterinary advice or a replacement for a relationship with a veterinarian. Statements from veterinarians depicted in HORSEpro.tv content is intended for information and entertainment purposes only. Do not attempt without the guidance of a board certified veterinarian. Some veterinary content may contain graphic imagery (surgeries, injuries, etc.)
In further consideration of being permitted to participate in the Activities, you knowingly, voluntarily and expressly waive any “Claim” (as defined below) you may have against HORSEpro.tv, its owners, managers, teachers, instructors, workshop presenters, employees, independent contractors and staff (each, a “Released Party”) that you may sustain as a result of participating in the Activities even if the Claim arises from the negligence of any Released Party or anyone else. You agree to indemnify and hold harmless each Released Party from any loss, cost, or liability incurred in defending any Claim made by you or anyone making a Claim on your behalf, even if the Claim is alleged to or did result from the negligence of any Released Party or anyone else.
“Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that you may suffer, your spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.
You, your heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of a Released Party.
Last updated 4/5/2020