Jonathan Field Horsemanship Online Learning (or “JFH Online Learning”) includes the website, www.learn.jonathanfieldhorsemanship.com, Programs (defined in section 2) made available through the website, and any facebook group(s) made available in association with a Program. Please read these terms and conditions carefully before accessing or using any portion of Jonathan Field Horsemanship Online Learning. By clicking I Agree where provided, You are entering into a binding legal agreement with Jonathan Field Company Ltd. (“Jonathan Field Company Ltd.” or “Us”) comprised of these terms and conditions (the “Agreement”). If You are not prepared to agree to enter into this Agreement with Us, please do not access or use any portion of JFH Online Learning as You have no right to do so. If You have any questions or concerns about the terms and conditions please contact Us at [email protected] to discuss prior to accessing or using any portion of JFH Online Learning. We may change the terms and conditions of this Agreement from time to time prospectively by delivering You at least two (2) weeks advance notice of the change(s) to the most recent email address You have provided to Us and posting the revised Agreement at www.learn.jonathanfieldhorsemanship.com. If You are not prepared to agree to the revised terms and conditions please contact Us at [email protected] to arrange to discuss, and if necessary to arrange for termination of Your Agreement with Us.
When used in this Agreement, the following terms have the meanings set out below unless the context requires otherwise:
“Content” means the proprietary information, ideas, methods, instructions, techniques, practices and concepts included in the Programs and in other human and horse educational experiences made available through Jonathan Field Horsemanship Online Learning both on their own, and as expressed in the text, diagrams, photographs, videos, music, performances, software, user interfaces, and all other literary, artistic, dramatic, audiovisual and musical works, performances, sound recordings, and software, including any of the foregoing contributed by students or services providers, available through Jonathan Field Horsemanship Online Learning.
“Contributions” means Content contributed by students participating in Jonathan Field Horsemanship Online Learning.
1. Horse Activities are Inherently Dangerous
Jonathan Field Horsemanship Online Learning is dedicated to providing You with information and education about horses. However, horse activities are inherently dangerous and even the best information or practices do not guarantee the safety of horses, humans or property.
Nothing in JFH Online Learning or in this Agreement is a guarantee of any results. IT IS A FUNDAMENTAL TERM OF THIS AGREEMENT, AND ALL CONTENT IS MADE AVAILABLE TO YOU ON THE CONDITION, THAT IN NO EVENT SHALL JONATHAN FIELD COMPANY LTD., ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS OR STUDENTS, OR ANY OF THEIR RESPECTIVE SUCCESSORS OR ASSIGNS HAVE ANY LIABILITY FOR ANY DAMAGES WHATSOEVER, OF ANY TYPE, ARISING FROM OR RELATED TO YOUR USE OR MISUSE OF THE CONTENT.
2. Types of Programs
A variety of online programs and educational materials will be made available through Jonathan Field Horsemanship Online Learning over time (collectively “Programs”). Specifics of the currently available Programs are listed at www.learn.jonathanfieldhorsemanship.com.
Programs such as the initial “Open Field”TM Program will be automatically renewing subscriptions. You can choose either a monthly or annual subscription and will be licensed to access the Content for these Programs for the period for which You have paid subscription fees. After You sign up for a subscription, You will have an initial 2 or 14 days (for monthly and annual subscriptions respectively), to decide to terminate the subscription for any reason whatsoever, and to receive a refund of any monies paid for that subscription. Otherwise there are no refunds for subscriptions, but You can terminate Your subscription at any time by delivering notice of Your intention to do so to [email protected]. Your subscription will then terminate at the end of the latest subscription period for which You have paid. When You sign up for a subscription based Program, You will be asked to provide Us with a current, valid accepted method of payment. In order to maximize the security of that information, We have hired a third party payment service to process payments and store this information. It will not be stored by Jonathan Field Company Ltd. When You provide us with the payment information You are authorizing us to provide it to Our third party payment service and You are authorizing them to use it for payment each time the subscription renews. You also agree to let Us know if that payment method expires or otherwise ceases to be valid. We will provide You with notice of the pending renewal of an annual (not monthly) subscription at least 30 days prior to the renewal date. If You do not want to renew a subscription, You need to deliver notice of Your decision not to do so to [email protected] prior to the renewal date in order to avoid being charged for the next subscription period.
Bonus for Open Field Program:
Open Field is a combination of pre-recorded and evolving Content designed to give students an opportunity to participate in an interactive learning experience. As part of this experience, once You become an annual subscriber to the Open Field Program You will be invited to participate in the Open Field Facebook group for so long as You have a subscription in good standing to the Open Field Program (and for so long as You comply with the Rules of Participation set out below).
b.Set Content Programs:
Programs may also be comprised of set pre-selected content directed at specific foundational or levels topics to which access is granted for payment of a one-time fee. Once you pay for these Programs, You are licensed to access their Content for as long as that Content continues to be hosted at www.learn.jonathanfieldhorsemanship.com, which shall not be less than one year from the date that they first become available on www.learn.jonathanfieldhorsemanship.com.
3. Intellectual Property
a.Ownership of Jonathan Field Horsemanship Online Learning. We have spent significant time and money developing Jonathan Field Horsemanship Online Learning. Jonathan Field Horsemanship Online Learning and its Content constitutes the valuable intellectual property of Jonathan Field Company Ltd, its service providers and in relation to Contributions, its students. Jonathan Field Horsemanship Online Learning and its Content is protected by international copyright and other intellectual property laws and We ask that You respect Our intellectual property rights and that of our service providers and students. Nothing in this Agreement or in Jonathan Field Horsemanship Online Learning transfers any ownership right, title or interest in or to Jonathan Field Horsemanship Online Learning, its Content, or any associated intellectual property rights, in or to any portion thereof, to You.
b.License Grant: Subject to the remaining terms and conditions of this Agreement, We grant You a personal, non-exclusive, non-transferable, non-sublicensable right to access and use Content for which You have paid the applicable fees solely for the timeframe associated with those fees, and for any Content made available at no charge, solely while it remains part of Jonathan Field Horsemanship Online Learning.
c.Exclusions from License: You acknowledge and agree that You shall not reproduce or modify in any manner whatsoever any portion of JFH Online Learning or its Content without Our prior written authorization. You further agree not to collect, download, scrape, reverse engineer, or sell, lease, rent, distribute or share with or to any other person, JFH Online Learning, its Content, or any portion or derivative work thereof.
d.Contributions: If You provide any Contribution to Jonathan Field Horsemanship Online Learning, You hereby irrevocably authorize Us to use, display and reproduce that Contribution, including Your image and name, and the image and name of anyone else participating in the Contribution in any manner whatsoever, as part of JFH Online Learning, and represent, warrant and covenant to Us, that You have obtained all necessary permissions to grant us these rights, and that the Contribution does not violate the intellectual property or privacy rights of any third party. Nothing herein requires Jonathan Field Company Ltd. to post or retain any particular Contribution.
e.Infringement of Your Copyright: If You believe that any Content including Contributions available through Jonathan Field Horsemanship Online Learning violates Your copyright, please deliver notice to Us in accordance with the Digital Millennium Copyright Act (notice instructions can be found on www.learn.jonathanfieldhorsemanship.com) to [email protected].
g.Links: Jonathan Field Horsemanship Online Learning may contain links to websites that We do not operate or control. We are not responsible for, and have no control over, the content of these websites or the treatment of Your personal information in relation to any such websites, and You should direct any concerns you have about those websites to their respective site administrators.
h.Trademarks: Jonathan Field Horsemanship, Inspired by Horses, Primary Equine Language, Neutral Sweet Spot, the JF Logo, the Freemotion Saddle, Open Field and other marks used in association with Jonathan Field Horsemanship Online Learning are trademarks or registered trademarks of Jonathan Field Company Ltd. in Canada and/or other countries. There may be other third party marks used on Jonathan Horsemanship Online Learning. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks is accorded to Jonathan Field Company Ltd. and the third party owners respectively. You agree not to use or attempt to register any such marks or any confusingly similar marks, or to register any confusingly similar urls, or to pass off any business as being that of, or as being associated with Jonathan Field Company Ltd.
i.Injunctive Relief: You agree that a material breach of this Agreement, may cause irreparable harm to Jonathan Field Company Ltd., for which a remedy at law may be inadequate. Accordingly, in addition to any remedies at law You agree that Jonathan Field Company Ltd. may seek injunctive relief without posting any security.
4. Rules of Participation
We are excited about the learning possibilities Jonathan Field Horsemanship Online Learning provides to Our students. To achieve Our goals, We need to ask that You abide by certain rules while participating in any JFH Online Learning experience.
a.Safe and Kind Space: We ask that You treat everyone participating in JFH Online Learning, regardless of their level of experience and knowledge, with respect and kindness. We cannot establish an optimal learning environment if We permit negative, rude, or attacking comments or bullying, shaming, belittling, hate speech or vulgarities of any kind.
b.Privacy and Confidentiality: What happens at Jonathan Field Horsemanship Online Learning must stay at Jonathan Field Horsemanship Online Learning. Students cannot feel safe in asking questions, submitting videos or trying new things if they think their educational experiences at JFH Online Learning may be reproduced and/or commented on elsewhere.
c.Focus: There are many other horse education programs and even more unrelated topics, but permitting them to be discussed or debated at Jonathan Field Horsemanship Online Learning would detract from the time and resources that You and other students have to learn through JFH Online Learning.
d.No Solicitations: If You believe JFH Online Learning or Our students provide You with a business opportunity, and take any steps to pursue this opportunity, You are likely offside our rules. We promise You and everyone else participating in this learning environment, we are going to try to ensure that this space is safe from solicitations and unwanted contacts from third parties. Please respect this.
e.Breaking the Rules: If You or Your posts or submissions break the rules, We can remove the posts or submissions and in serious cases can ban You from future participation in social media or terminate Your license for a particular Program(s). If You see a post that You believe is breaking these rules, You can let us know at [email protected].
5. General Terms
a.US Pricing: All prices are in U.S. dollars and payments in other currencies are subject to the then current U.S. exchange rate for that currency.
b.Changes: With the exception of the one year commitment for Set Content Programs, Jonathan Field Company Ltd. may change prices and the available content and/or Programs in Jonathan Field Horsemanship Online Learning, at any time without notice or liability. Notwithstanding the foregoing, nothing requires Jonathan Field Company Ltd. to continue to operate Jonathan Field Horsemanship Online Learning for any particular period of time, provided that if Jonathan Field Company Ltd. discontinues JF Online Learning (and hence terminates this Agreement) prior to the end of a subscription period, or prior to the end of the 1 year commitment for Set Content Programs, Jonathan Field Company Ltd. shall refund to You, on a pro-rated basis, the portion of the pre-paid fees corresponding to the remainder of these periods.
c.Accurate Information: You agree You will provide Us with accurate information in relation to Your participation in Jonathan Field Horsemanship Online Learning and to update information as required for it to continue to be accurate.
d.Password Confidentiality: You agree to keep your access passwords to all portions of Jonathan Field Horsemanship Online Learning confidential and not to share any password that would enable an unauthorized person to access Jonathan Field Horsemanship Online Learning.
e.Contacts Made through Jonathan Field Horsemanship Online Learning. The fact that someone participates in Jonathan Field Horsemanship Online Learning doesn’t mean that Jonathan Field Company Ltd. supports, promotes or even knows that individual or the products or services of that individual or his or her business. You need to carefully assess these for Yourself before engaging directly with any such person or business.
f.Indemnity: The results of using even the best information and practices with respect to horses depends on the particular horse and decisions made regarding the timing and circumstances in which to use that information. Jonathan Field Company Ltd. cannot take responsibility for Your decisions regarding Your use of the Content. You agree to indemnify Jonathan Field Company Ltd., its directors, officers and employees, and their respective successors or assigns (the “Indemnified Parties”), against any claim, third party claim, action, or proceeding brought against the Indemnified Parties and any costs, expenses, damages or liability, including reasonable attorney fees, that result from Your use or misuse of any Content or Your breach of this Agreement. Jonathan Field Company Ltd. may assume defence of any claim, action or proceeding brought against the Indemnified Parties that is subject to Your indemnification; and You agree to provide reasonable cooperation in any such defence.
g.Third Party Services. YOU ACKNOWLEDGE AND AGREE THAT WE USE THIRD-PARTY CLOUD SERVICES AND PAYMENT PROCESSORS, AND FURTHER ACKNOWLEDGE THAT JONATHAN FIELD COMPANY LTD. HAS LIMITED ABILITY TO CONTROL THE PERFORMANCE OF THESE SERVICE PROVIDERS OR THE TERMS AND CONDITIONS ON WHICH THE SERVICES ARE PROVIDED. IT IS A FUNDAMENTAL TERM OF THIS AGREEMENT, AND WE ARE ENTERING INTO THIS AGREEMENT WITH YOU ON THE CONDITION, THAT IN NO EVENT SHALL JONATHAN FIELD COMPANY LTD., ITS DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OF THEIR RESPECTIVE SUCCESSORS OR ASSIGNS HAVE ANY LIABILITY FOR ANY DAMAGES WHATSOEVER, OF ANY TYPE, ARISING FROM OR RELATED TO THE ACTS OR OMISSIONS OF ITS SERVICE PROVIDERS; PROVIDED, HOWEVER, IF ANY ACT OR OMISSION OF THE SERVICE PROVIDER RESULTS IN MATERIAL HARM TO YOU, WE AGREE TO EXERCISE ANY RIGHTS AVAILABLE TO US UNDER OUR AGREEMENTS WITH THE SERVICES PROVIDERS TO REMEDY SUCH HARM FOR THE BENEFIT OF JONATHAN FIELD COMPANY LTD. AND YOU.
h.Limitation of Liability: IF A COURT OF COMPETENT JURISDICTION HOLDS THAT THE EXCLUSIONS OF ALL DAMAGES OF ANY TYPE WHATSOEVER IN RELATION TO YOUR USE OR MISUSE OF CONTENT, OR IN RELATION TO THIRD PARTY SERVICE PROVIDERS IS INAPPLICABLE OR UNENFORCEABLE, THEN IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF JONATHAN FIELD COMPANY LTD., ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS AND STUDENTS ARISING IN ANY MANNER OR UNDER ANY CAUSE OF ACTION WHATSOEVER, INCLUDING NEGLIGENCE, EXCEED THE TOTAL AMOUNT YOU HAVE PAID UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY.
i.Notices: We will deliver notices to You at the latest email address You have provided to US. You may deliver notices to Us at [email protected].
j.Governing Law: This Agreement shall be governed and construed in accordance with the laws of the Province of British Columbia along with any federal laws applicable therein, excluding rules of private international law that lead to the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the Sale of Goods (1980) does not apply.
k.Forum: The provincial and federal courts of the Province of British Columbia shall have exclusive jurisdiction to hear any matter arising in connection with this Agreement. Each party irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consents and attorns to the exclusive jurisdiction and venue of the provincial or federal courts located in the Province of British Columbia.
l.Miscellaneous: You may not assign this Agreement to any other person. The waiver of any right or obligation hereunder shall not constitute a waiver of any other instance. If any court finds any part of this Agreement to be invalid or unenforceable that part shall be severed from this Agreement and its invalidity or unenforceability shall not in any way affect the remaining provisions of this Agreement, which shall continue in full force and effect. This Agreement becomes effective upon acceptance, and continues until all licenses granted hereunder have expired or been terminated. Jonathan Field Company Ltd., may terminate this Agreement, or one or more licenses granted hereunder, or terminate Your right to access particular portions of Jonathan Field Horsemanship Online Learning by delivering notice to You, if You breach this Agreement. If the breach is capable of being cured, We will provide You with a period of up to thirty (30) days to cure the breach prior to terminating the Agreement, licenses or other rights. The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement, including without limitation, sections 1, 3a,3d,3h and 3i, and 5f,5g 5h, 5i, 5j, 5k and 5l; shall so survive the completion of expiration or termination of all or a portion of this Agreement.