Terms of Use
Last updated: March 09, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Oklahoma, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Haugen Performance Horses LLC, 9559 N 2420 Road, Weatherford, OK 73096.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Phil Haugen Horsemanship, accessible from https://www.philhaugenhorsemanship.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Haugen Performance Horses LLC. and/or its affiliates ("Haugen", "we" or "us") operate an online store ("Phil Haugen Horsemanship”) located at philhaugenhorsemanship.com from which you may purchase products and services ("Clinics, Coaching, Online Courses, Equine Supplements, Apparel,Training Equipment”).
These Terms of Use apply to the content and functionality of Phil Haugen Horsemanship, and to products and services available through philhaugenhorsemanship.com. These Terms of Use do not apply to products or services that we make available pursuant to different terms, such as our payment processing services.
Information that you provide to us
You may give us information about yourself when you visit Phil Haugen Horsemanship. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit Phil Haugen Horsemanship and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with "STOP", or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.
Phil Haugen Horsemanship IP
As between you and Phil Haugen Horsemanship, Haugen and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in Phil Haugen Horsemanship. Phil Haugen Horsemanship IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Phil Haugen Horsemanship IP not expressly granted to you in these Terms of Use are reserved.
You may choose to or we may invite you to submit comments or ideas about improvements to Phil Haugen Horsemanship or our products or services ("Ideas"). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Phil Haugen Horsemanship has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
Access to Phil Haugen Horsemanship
Haugen Performance Horses LLC grants you a limited, revocable, non-exclusive, non-transferable license to access the Phil Haugen Horsemanship. This license does not include a right to use any of the content and information, including product listings. Your permissions and/or licenses are automatically terminated by any unauthorized use.
Products, Content and Specifications
Details of the products and services available for purchase in the Phil Haugen Horsemanship are set out in the descriptions of each offer. All features, content, specifications, products and prices of products and services described or depicted in this shop are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on Phil Haugen Horsemanship due to the limitations of the systems that you use to access the Stripe Shop. The inclusion of any products or services in the shop at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Subscriptions
a. Subscription terms. We may offer you the ability to purchase subscriptions via Phil Haugen Horsemanship. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.
b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us at info@philhaugenhorsemanship.com. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.
c. Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.
Your account
We may require that you create an account to access Phil Haugen Horsemanship, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
Shipping and returns
This Section 7 applies to Phil Haugen Horsemanship products that are physical goods. Digital goods and services are not eligible for refund. For clarity, this Section 7 applies despite any contrary terms in any invoice or purchase order.
Orders are shipped using carriers selected by Phil Haugen Horsemanship. The shipping fees you will be charged, if any, will be provided to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. Phil Haugen Horsemanship is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. Unless otherwise noted in the product description, each Phil Haugen Horsemanship Product will be delivered FCA delivery location (as such location is designated on the applicable order) (Incoterms 2010).
Unless otherwise noted in the product description, Phil Haugen Horsemanship products may be returned in their original packaging and condition (including all accessories and components provided) within 30 days of purchase. However, unless we tell you otherwise, you will only be entitled to a refund if we provide you with an item that does not match the product description of the item that you purchased. If that occurs, your exclusive remedy is to return the item in unused condition, in exchange for a refund. To begin the return process, please contact us at info@philhaugenhorsemanship.com. Return shipping instructions will be provided. Phil Haugen Horsemanship will cover the cost of return shipping and will refund your purchase price in full. You agree that you will pay the taxes and duties in addition to the purchase price of the goods.
Sanctions and export policy
You may not use Phil Haugen Horsemanship or purchase any Phil Haugen Horsemanship Product in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the Phil Haugen Horsemanship product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.
No warranties
We provide the Phil Haugen Horsemanship products "as is" and "as available", without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Phil Haugen Horsemanship or obtained by you from or through the shop - whether from Phil Haugen Horsemanship or another entity, and whether oral or written - creates or implies any warranty from Phil Haugen Horsemanship to you.
Phil Haugen Horsemanship disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through philhaugenhorsemanship.com; (b) that Phil Haugen Horsemanship Products will meet your specific needs or requirements; (c) that philhaugenhorsemanship.com will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Phil Haugen Horsemanship will correct any defects or errors in philhaugenhorsemanship.com; or (e) that philhaugenhorsemanship.com is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through philhaugenhorsemanship.com is done at your own risk - you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
Nothing in these Terms of Use operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.
Limitation of liability
Under no circumstances will Phil Haugen Horsemanship be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use philhaugenhorsemanship.com or for the unavailability of philhaugenhorsemanship.com, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of philhaugenhorsemanship.com, even if such damages are foreseeable, and whether or not you or the Phil Haugen Horsemanship has been advised of the possibility of such damages. Phil Haugen Horsemanship is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of philhaugenhorsemanship.com or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Phil Haugen Horsemanship further denies responsibility for all liability and damages to you or others caused by (a) your access or use of philhaugenhorsemanship.com inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the philhaugenhorsemanship.com; (c) any bugs, viruses, or other harmful code that may be transmitted to or through philhaugenhorsemanship.com; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Applicable law
By using the Phil Haugen Horsemanship, you agree that the laws of the state of Oklahoma, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Stripe.
Modification and severability
We have the right to change or add to the terms of these Terms of Use at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of Phil Haugen Horsemanship by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Use on our website at any time. You can find out when these Terms of Use were last changed by checking the "Last updated" date at the top of the page.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Our address
Phil Haugen Horsemanship
9559 N 2420 Road
Weatherford, OK 73096, USA
www.philhaugenhorsemanship.com
info@philhaugenhorsemanship.com