Terms of Service



Within this document:
The term Website refers to http://www.joshnichol.com
Your continued participation in  Josh Nichol - A Horseman's Pursuit, any activities associated with  Josh Nichol - A Horseman's Pursuit, and use of the Website constitutes acceptance of these Terms of Service, which may be modified by us from time to time. The current version of this document will always be available on the Website and it is your responsibility to review it on a regular basis. By continuing to use this Website, you agree to be bound by any future changes published on the Website.
While a portion of  the Website is open to the public, access to the majority of the Website requires registration. Membership and participation in Josh Nichol - A Horseman's Pursuit is a privilege and not a right. If you violate these Terms of Service, disrupt the Website, make derogatory comments toward other members or sponsors or otherwise make a nuisance of yourself, we are at liberty to take actions which may include locking or removing your account, preventing you from opening future accounts, or banning you from events or certain portions of the Website. 
You agree that you will not use the Website for commercial purposes.
You expressly agree that  Josh Nichol - A Horseman's Pursuit shall bear no liability for delays, inaccuracies, errors and omissions or defamation for any content provided by any members, businesses, or any third party.

Restrictions on Use
You may only use the Website for purposes expressly permitted by the Website. You may not use the Website for any other purpose, including any commercial purpose, without express prior written consent from Josh Nichol - A Horseman's Pursuit. For example, you may not (and may not authorize any other party to): (i) co brand the Website, (ii) frame the Website; and/or, (iii) hyper-link to the Website, without the express prior written permission from Josh Nichol - A Horseman's Pursuit. For purposes of these Terms of Use, “co branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website or content accessible within the Website. You agree to cooperate with Josh Nichol - A Horseman's Pursuit in causing any unauthorized co-branding, framing and/or hyper-linking immediately to cease.

Proprietary Information
Josh Nichol - A Horseman's Pursuit retains all rights, title and interests in the content of the Website. All content of the Website is copyrighted by Josh Nichol - A Horseman's Pursuit. You are not entitled to copy, sell, republish, redistribute, uploaded, post and/or transmit in any way content on the Website without the express prior written consent Josh Nichol - A Horseman's Pursuit. You are entitled to print off information for your personal use (clinic schedules, for example).
In doing so, you shall not remove and/or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, and/or any other proprietary notice or legend appearing on any of the content. Modification or use of the content, except as expressly provided in these Terms of Use, violates Josh Nichol - A Horseman's Pursuit’s intellectual property rights and will be responded to with the full measure of the law. Neither title nor intellectual property rights are transferred to you by access to the Website.

Hyper-Links
The Website may be hyper-linked to other websites which are not maintained by, or related to, Josh Nichol - A Horseman's Pursuit. Hyper-links to such Websites are provided as a service to users. Josh Nichol - A Horseman's Pursuit is not responsible for the content of other Websites. Hyper-links are to be accessed at the user’s own risk and the Josh Nichol - A Horseman's Pursuit makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the websites hyper-linked to the Website. Further, the inclusion of any hyper-link to a third-party Website does not necessarily imply endorsement by the Josh Nichol - A Horseman's Pursuit of that website.

Becoming a Member
To use certain member sections of the website, and to participate in Josh Nichol - A Horseman's Pursuit events and related activities, you must create an account on the website. To use additional site features you must purchase a Josh Nichol - A Horseman's Pursuit membership subscription plan which must remain in good standing.  While membership grants certain privileges, it also carries with it many responsibilities.
You must provide and maintain accurate personal information in your account record. You may not impersonate anyone in either the private or public portions of your user profile. You may post information using only your own account, and you are responsible for anything posted under your identity, including defamatory material, illegal activity, and infringement of other people's intellectual property rights. You are responsible for maintaining the security of your account and the secrecy of your password. You may not share your password with any third party.
Our use of your personally-identifying information is covered by the Privacy Policy. Certain sections of the website may allow you to post content, however you are in no way anonymous.

Paid Subscription Plans
Subscription plans are billed monthly at the rate you agree on when you register. Billing continues until the plan is cancelled either manually by you, manually by Josh Nichol - A Horseman's Pursuit or automatically by a missed payment for whatever reason.  If you choose to cancel a plan there will be no refund of any partial balance.  Subscription plans are not usage based.

Posting content
When you contribute content to the Website through any means including but not limited to your biography, forums or photo gallery, you may post only content that you created, that you own, or for which you otherwise possess express permission or licensing rights. By uploading or otherwise posting any content, you represent and warrant: (i) you own or otherwise have all necessary rights, including but not limited to copyrights, to the content you provide and the rights to use it in this medium as provided in this Terms of Service; (ii) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (iii) the content will not defame, cause injury to, or harass, any person or entity.
By posting or uploading content such as text, images, audio and video works, you grant Josh Nichol - A Horseman's Pursuit  a world-wide, royalty-free, perpetual license to reproduce your content on the Website and in any other media now known or later developed, and to use your publicly disclosed identity and related information for online and offline purposes, including commercial uses.
Josh Nichol - A Horseman's Pursuit is at liberty to remove content at any time for any reason or no reason and is in no way responsible for storage or continued availability of content. Josh Nichol - A Horseman's Pursuit is not required to pre-screen or review content that is posted by users. Josh Nichol - A Horseman's Pursuit reserves the right to do so in the future at its sole discretion. In cases where you post content as private or semi-private, including private messaging, Josh Nichol - A Horseman's Pursuit will not be responsible for ensuring the security of that private content and may divulge that content to government or private investigators at its sole discretion.

Submissions
You hereby grant to Josh Nichol - A Horseman's Pursuit the royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics and/or other information communicated to the Josh Nichol - A Horseman's Pursuit through the Website (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Josh Nichol - A Horseman's Pursuit will not be required to treat any Submission as confidential, and may use any Submission (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Josh Nichol - A Horseman's Pursuit operations.
Josh Nichol - A Horseman's Pursuit will treat any personal information that you submit through the Website in accordance with its Privacy Policy.

Notice of Copyright Infringement
If you believe your intellectual property has been improperly posted or distributed via Josh Nichol - A Horseman's Pursuit, please notify us by sending a notice by mail to Josh Nichol - A Horseman's Pursuit, Box 273, Colinton, Alberta, Canada T0G 0R0. You should only send a written notice if you believe that your work has been used or copied in a manner that infringes your intellectual property rights and such infringement has occurred on the Website.

Trademarks
Content on Josh Nichol - A Horseman's Pursuit includes logotypes, trademarks and service marks (collectively "Marks" ) owned by Josh Nichol - A Horseman's Pursuit and Marks owned by other information providers, business members, organizations and third parties. No Marks may be used in any manner unless approved in advance, in writing, by Josh Nichol - A Horseman's Pursuit.
All Marks are the property of Josh Nichol - A Horseman's Pursuit or the party that provided the Marks.  Josh Nichol - A Horseman's Pursuit or the party that provided the Marks retains all right with respect to their respective Marks.

Conduct and Use
You agree not to post, upload, submit, email or otherwise make available content:
  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libellous, or invasive of others privacy, or harms minors in any way;
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that purports to be from any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  • that includes personal or identifying information about another person without that person's explicit consent.
  • that is false, deceptive, misleading or deceitful.
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
  • that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or "pyramid schemes."
  • that constitutes or contains any form of advertising or solicitation if (1) posted in areas which are not designated for such purposes; or  (2)  posted outside of the agreement provided with your ad campaign if you are a business member in good standing; or (3) emailed to Josh Nichol - A Horseman's Pursuit users.
  • that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law;
  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
  • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service.
Additionally, you agree not to:
  • contact anyone who has asked not to be contacted;
  • stalk or otherwise harass any member, affiliate, or Josh Nichol - A Horseman's Pursuit staff;
  • collect personal data about other users for commercial or unlawful purposes;
  • use automated means, including scripts, spiders, robots, crawlers, data mining tools, or the like to download data from or upload data to Josh Nichol - A Horseman's Pursuit;
  • post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  • attempt to gain unauthorized access to Josh Nichol - A Horseman's Pursuit computer systems or any other user's computer systems, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of Josh Nichol - A Horseman's Pursuit or the Website.

Termination of Account
Your account on Josh Nichol - A Horseman's Pursuit may be terminated at any time, with or without notice, without refund, for any violation of the foregoing terms, or any other legitimate, good-faith reason not enumerated above, in the sole discretion of Josh Nichol - A Horseman's Pursuit. In the event your account is terminated, you agree that your sole recourse is to request reinstatement of your account and membership privileges by contacting Josh Nichol - A Horseman's Pursuit via the mailing address stated above. You may not open alternate accounts.

Privacy
The Privacy Policy explains how we gather and use information from users, and is incorporated here by reference.

No Warranties
Josh Nichol - A Horseman's Pursuit and all materials, information and services available through it, are provided to you "as is," with all faults,” and “as available.” We, our affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, currentness, noninfringement, merchantability or fitness for a particular purpose of the materials, information and services available through the Website, nor do we guarantee that the materials, information or services will be error-free, or continuously available, or free of viruses or other harmful components.

Limitations on Our Liability
Under no circumstances shall Josh Nichol - A Horseman's Pursuit, or our affiliates, business members, agents or licensors be liable to you or anyone else for any damages arising out of use of Josh Nichol - A Horseman's Pursuit or any service available through the Website, including, without limitation, liability for consequential, special, incidental, indirect, or similar damages, even if we are advised beforehand of the possibility of such damages. 
Some activities may require an additional waiver, for example, participation in a Clinic.

Indemnity
You will indemnify and hold the Josh Nichol - A Horseman's Pursuit, subsidiaries, officers, officials, affiliates, licensors, content providers, service providers, employees, agents, representatives, designees, directors and contractors (the “indemnified parties”) harmless from any breach of these terms of use by you, including any use of content other than as expressly authorized in these terms of use. You agree that the indemnified parties will have no liability in connection with any such breach or unauthorized use and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses and attorneys’ fees of the indemnified parties in connection therewith. You will also indemnify and hold the indemnified parties harmless from and against any and all claims brought by third parties arising out of your use of the information accessed from the website.

Security
You are prohibited from using any services and/or facilities provided in connection with the Website to compromise security or tamper with the security system resources and/or accounts of this Website. The use and/or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Josh Nichol - A Horseman's Pursuit reserves the right to release your details to system or network administrators of other websites, website hosts and database hosts, in order to assist them in resolving security incidents. Josh Nichol - A Horseman's Pursuit reserves the right to investigate suspected violations of these Terms of Use and prosecute them to the fullest extent of the law.
Josh Nichol - A Horseman's Pursuit shall fully cooperate with any law enforcement authorities and/or legitimate court order requesting or directing Josh Nichol - A Horseman's Pursuit to disclose the identity of anyone posting any content that we believe violates these Terms of Use. By accepting this agreement, you waive and hold harmless Josh Nichol - A Horseman's Pursuit from any and all claims resulting from any action taken by Josh Nichol - A Horseman's Pursuit during and/or as a result of investigations and/or from any actions taken as a consequence of investigations by either Josh Nichol - A Horseman's Pursuit or law enforcement authorities.

Waiver
Josh Nichol - A Horseman's Pursuit's failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Josh Nichol - A Horseman's Pursuit’s right to subsequently enforce such a provision or any other provision of these Terms of Use nor will any delay or omission on the part of the Josh Nichol - A Horseman's Pursuit to exercise or take advantage of any right or remedy that Josh Nichol - A Horseman's Pursuit has or may have hereunder operate as a waiver of any right or remedy.

Acts of God
Josh Nichol - A Horseman's Pursuit shall be excused from its obligations for any period to the extent that Josh Nichol - A Horseman's Pursuit is prevented from performing, in whole or in part, its obligations under these Terms of Use, as a result of any acts of God, any action(s), regulation(s), order(s) and/or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), Internet failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute and/or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents and/or subcontractors) or any other cause beyond Josh Nichol - A Horseman's Pursuit’s reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning and/or telecommunications equipment or lines or other equipment, whether electronic or otherwise.

Notices
Notices by Josh Nichol - A Horseman's Pursuit to members shall be given by means of email, website postings or third party social media websites, pursuant to these Terms of Use. Notices by members to Josh Nichol - A Horseman's Pursuit shall be given by email unless otherwise specified. All questions, complaints and/or notices to Josh Nichol - A Horseman's Pursuit must be sent via the Contact Form on the Website, pursuant to these Terms of Use.

Miscellaneous
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on the Website will govern the items to which they pertain. Josh Nichol - A Horseman's Pursuit may revise these Terms of Use at any time by updating this posting.

International Users
Josh Nichol - A Horseman's Pursuit is controlled, operated and administered from its offices within Canada. Josh Nichol - A Horseman's Pursuit makes no representation that materials or Content available through Josh Nichol - A Horseman's Pursuit are appropriate or available for use outside of Canada and access to them from countries, territories, or locations where their contents are illegal is prohibited. You may not use Josh Nichol - A Horseman's Pursuit or export the Content in violation of Canadian laws and regulations. If you access the website or make use of any service provided by Josh Nichol - A Horseman's Pursuit from a location outside the Canada, you are responsible for compliance with all local laws of your jurisdiction that may apply.

Any rights not expressly granted herein are reserved. © Josh Nichol - A Horseman's Pursuit

This version of the Terms of Service is dated November 1, 2016