Terms of Use

HorseIQ

 

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity and the American Paint Horse Association (“APHA”) and its affiliated company concerning your access to and use of the HorseIQ (www.horseiq.com) website as well as any other media form, media channel, mobile website or mobile application related or connected thereto.  The HorseIQ website is an online educational judging tool.  Supplemental terms and conditions or documents that may be posted on HorseIQ from time to time, are hereby expressly incorporated into this Agreement by reference.

HorseIQ makes no representation that the website is appropriate or available in other locations other than where it is operated by the APHA.  The information provided on HorseIQ is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject HorseIQ to any registration requirement within such jurisdiction or country.  Accordingly, those persons who choose to access HorseIQ from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use HorseIQ.  If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to using HorseIQ.  

 

PURCHASES; PAYMENT

HorseIQ bills you through an online billing account for purchases of its subscription.  You agree to pay HorseIQ all charges at the price then in effect for the subscription or other persons using your billing account may purchase, and you authorize HorseIQ to charge your chosen payment provider for any such purchases.  You agree to make payment using that selected payment method.  You consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service.  HorseIQ reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment.  All payments shall be made in U.S. dollars.

 

REFUND POLICY

All sales are final and no refunds shall be issued.

 

USER REPRESENTATIONS

By using HorseIQ, you represent and warrant that:

  1. All registration information you submit is truthful and accurate; 
  2. You will maintain the accuracy of such information;
  3. You will keep your password confidential and will be responsible for all use of your password and account; 
  4. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use HorseIQ; and
  5. Your use of HorseIQ does not violate any applicable law or regulation.

We reserve the right to remove or reclaim or change a username you select if we determine appropriate in our discretion, such as when the username is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.

 

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about HorseIQ or the APHA provided by you to APHA are non-confidential and APHA shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

 

PROHIBITED ACTIVITIES

You may not access or use HorseIQ for any other purpose other than that for which APHA makes it available.  HorseIQ may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by APHA.  Prohibited activity includes, but is not limited to:

  1. Attempting to bypass any measure of HorseIQ designed to prevent or restrict access to HorseIQ, or any portion of HorseIQ
  2. Attempting to impersonate another user or person or using the username of another user
  3. Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of HorseIQ
  4. Deleting the copyright or other proprietary rights notice from any HorseIQ content
  5. Harassing, annoying, intimidating or threatening any HorseIQ employees or agents engaged in providing any portion of HorseIQ services to you
  6. Interfering with, disrupting, or creating an undue burden on HorseIQ or the networks or services connected to HorseIQ
  7. Making unauthorized use of HorseIQ services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
  8. Systematic retrieval of data or other content from HorseIQ to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from HorseIQ
  9. Tricking, defrauding or misleading HorseIQ and other users, especially in any attempt to learn sensitive account information such as passwords
  10. Using any information obtained from HorseIQ in order to harass, abuse, or harm another person
  11. Using HorseIQ in a manner inconsistent with any and all applicable laws and regulations

 

INTELLECTUAL PROPERTY RIGHTS

The content on HorseIQ and the trademarks, service marks and logos contained therein are owned by or licensed to the APHA and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  HorseIQ content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics.   All HorseIQ graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries.  HorseIQ’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of HorseIQ.

HorseIQ Content on the website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. 

 

SITE MANAGEMENT

APHA reserve the right but does not have the obligation to:

  1. Monitor HorseIQ for violations of this Agreement;
  2. Take appropriate legal action against anyone who, in APHA’s discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
  3. In APHA’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Company policy;
  4. In APHA’s sole discretion and without limitation, notice or liability to remove from the HorseIQ or otherwise disable all files and content that are excessive in size or are in any way burdensome to APHA’s systems;
  5. Otherwise manage the HorseIQ in a manner designed to protect the rights and property of HorseIQ and others and to facilitate the proper functioning of HorseIQ.

 

PRIVACY POLICY

We care about the privacy of our users.  Please review the APHA Privacy Policy.  By using the HorseIQ or APHA services, you are consenting to have your personal data transferred to and processed in the United States.  By using the HorseIQ or APHA services, you are consenting to the terms of our Privacy Policy.

 

TERM AND TERMINATION

This Agreement shall remain in full effect while you use the HorseIQ or are otherwise a user or member of the HorseIQ, as applicable.  You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings.