Equine Guidance LLC’s equineguidance.com – Privacy Policy – Your Privacy Rights

Last Modified: April 28, 2021

Equine Guidance LLC (“Equine Guidance”) is a site offering information for an experience that combines the intuitive wisdom of horses through Somatic Experiencing® in support of healing. The website is located at https://www.equineguidance.com (or any successor URL) (“Site”). Equine Guidance is committed to protecting the privacy rights of users of its Site and we take your privacy seriously. This Privacy Policy describes the information that we collect from you through the Site, how we collect and maintain this information, and what we do with it after we collect it, including how we may disclose it.

By using the Site, or by providing your information to us or to our affiliates, you are signifying that you have read, understand, and consent to the collection, use, and disclosure of your information in accordance with this Privacy Policy and our Terms and Conditions (“Terms”).  IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITE.

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material or significant changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our Site. Your continued use of our Site will signify your acceptance of any changes to our Privacy Policy. Throughout the Site and this Privacy Policy the use of “we,” “us” and “our” refers to 

EQUINE GUIDANCE and “you” and “your” refer to you.

INFORMATION WE MAY COLLECT

To use the Site you are not required to process any account registration. If you sign up where indicated to receive communications from Equine Guidance, we will collect your first name and email address to sign up to receive updates and marketing and other communications from Equine Guidance. We may also collect additional personal information such as your address and credit card information for purchases of products or services, if and as provided. We also collect information on our Client Intake Form if you elect to request services.  This information includes detailed personal information including contact information as well as medical and health history information such as prior and current medical treatments and medications. All such information is collectively referred to herein as “Personal Information.” You may be asked to supply certain information relevant to purchase you make through the Site, including, without limitation, as applicable, your name; your contact information; address and phone number; your credit card number; the expiration date of your credit card; and your billing address. We may use third parties to process your payment or process your account registration. You may also elect to access the Site’s “In the “U” of the Horse’s Shoe: Six Holes, Six Nails, and Six Steps to Healing.” To download this PDF to learn six ways horses inspire and support personal growth you must provide your first name and email address to subscribe.

If you are inquiring regarding speaking or media opportunities we will collect your name, email, and phone along with the information sent in your inquiry.

In addition, we may collect limited Personal Information and certain other information automatically, including, but not limited to, your IP address and a determination of your location with the utilization of geolocation; the operating system you use to access the Site; the type of Internet browsers you use; information about the way you use the Site; information associated with your Internet service provider; the content you view and/or download, search terms you enter, features you use, and the date and time of your visits to the Site. 

HOW WE USE YOUR INFORMATION
We may use the information and/or Personal Information we collect from you to do such things as: 

Facilitate your use of the Site; 

Offer products, information, links, updates, and services that may be of interest to you; 

Communicate with you about changes to the Site, the Terms or this Privacy Policy; 

Respond to your questions; analyze use of and improve our Site; 

Identify and protect against misuses of our Site; 

Screen our orders for fraud or other risks;

Allow our third-party providers to assist you with purchase and delivery information, including, but not limited to, providing you with purchase confirmation; 

Process or follow-up regarding your request for services; 

As required by applicable health laws and regulations; and 

Enforce our Privacy Policy and Terms.

DISCLOSURE OF INFORMATION
We may share aggregated, non-personally identifiable information about you with third parties. This information is anonymous, statistical information that reflects usage of the Site and does not include your Personal Information. We may use your email address to send messages relating to topics such as our company or products news from which you will have the ability to opt-out by following the instructions in such communications.

We will not share your Personal Information with others, except as indicated below.

1. We may share Personal Information with service providers, such as payment processors, fulfillment partners, data management providers, promotional managers, remarketers, or other similar partners performing services on our behalf. Third-party service providers with whom we share Personal Information will be required to use that Personal Information only as needed to provide the services they are providing to us and in a manner consistent with this Privacy Policy;

2. We may need to disclose your Personal Information without your consent and without notice to you in response to legal process; to prevent fraud; to comply with legal or regulatory requirements; to enforce our Privacy Policy and Terms; to investigate claims of intellectual property infringement, to protect the rights, property or safety of our users, our employees, or others; or to investigate security breaches or otherwise cooperate with authorities pursuant to a legal matter; and

3. We may disclose your Personal Information in connection with a merger, acquisition, or liquidation of Equine Guidance or sale of certain assets, to any third party involved in such transactions, including those who may be located outside the United States, and in connection with business negotiations with respect to any such transactions.

PAYMENTS, APPOINTMENT PROCESSING, AND REFUNDS 

The Site may be linked to Shopify and/or use third-party sites to sell our products and schedule our services. Your information and Personal Information would be stored through e.g. Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. Shopify’s Privacy Policy is here, and applies to all data they collect. It is encrypted according to the requirements of the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.  For additional information, you can review Shopify’s terms of service here.  You may also be able to elect to process your order via PayPal.  Pay Pal’s Privacy Policy is here and the account user agreement is here. We may also use Simple Practice to process our appointments, requests for services, and payments.  You can review Simple Practice’s terms of service here and their privacy policy here. These policies would apply to all data collected and processed by the applicable third-party payment and/or appointments processor.

Refunds 

Cancellations made 45 days prior to arrival date receive a full refund.
Cancellations made 30 days prior to arrival date receive an 80% refund.
Cancellations made within 30 days of arrival date are not eligible for a refund. The appointment may be rescheduled on a date within 12 months of the original session date with 85% credit towards the new session.

Cancellations made within 15 days of arrival are not eligible for a refund. A credit of 50% towards a rescheduled session within 12 months of the original session date.

For any products sold through third-party retailers, all refunds and exchanges should be handled directly through the applicable third-party retailer that the product was purchased from and pursuant to their specific terms and instructions. Products purchased through a payment provider are also according to any terms and conditions, policies, and any instructions.

COOKIES, CLEAR GIFs, AND USAGE DATA
Like most websites, we may track use of the Site so we can analyze usage patterns and improve our Site. The technologies we use to monitor the Site’s activity may include cookies and clear GIFs, among others. A cookie is a small text file that may have a unique identifier, and resides and may be stored, among other places, on a user’s computer for record keeping purposes and emails we may send you. Through the use of a cookie, we may automatically collect information about your activity on the Site, such as the pages you visit, the links you click, the searches you conduct, and the date and time of your use of the Site. For security purposes, we will encrypt any usernames, passwords, and other user member account-related data that we store in such cookies, if and as applicable. We may allow third-party providers to serve cookies from the Site to allow them to assist us in various activities, such as analysis and research on the effectiveness of the Site, content and potential advertising. Any information that these third parties collect via cookies and web beacons is not linked to any Personal Information collected by us. Cookies may be persistent or stored only during an individual session.

You may delete or decline browser cookies on your computer by changing your browser settings. (Click “Help” in the toolbar of most browsers for instructions.) If you do so, some of the features of the Site may not function properly.

Clear GIFs (a.k.a. web bugs, beacons, or tags) are small graphic images placed on a web page, web-based document, or in an email message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or email message. We do not use clear GIFs to collect Personal Information about you; however, we may use clear GIFs to capture statistical usage information for our Site or the services and products offered through the Site. We may correlate this information to a user to personalize the user experience and for statistical analysis of user experiences on our Site.

We also maintain log files that contain IP addresses. In general, we may use log files to monitor traffic on our Site, to troubleshoot technical problems, and to report aggregate information to our potential advertisers. In the event of user abuse of our Site, however, we may block certain IP addresses or console IDs, as applicable. If available, IP addresses and console IDs may be used to personally identify you in order to enforce our Terms.

SOCIAL MEDIA WIDGETS AND LINKS – Facebook, Twitter, Pinterest, YouTube, Instagram, and LinkedIn

We may embed social media widgets, such as Instagram, to allow you to see things like the latest five posts on the footer of every page of the Site, as applicable for each potential social media widget. These widgets may collect your IP address, your web browser user information, store and retrieve cookies on your browser, embed additional tracking, and monitor your interaction with the widget, including correlating your applicable social media account with whatever action you take within the applicable widget (such as e.g. “liking/sharing/recommending” our webpage), if you are logged in to such applicable social media. We may also link to social media sites for Equine Guidance specific channels and content on such social media sites. 

For more information about how this data may be used, see, as applicable, Facebook’s data privacy policy: https://www.facebook.com/about/privacy/update, LinkedIn’s data privacy policy: https://www.linkedin.com/legal/privacy-policy, and Twitter’s data privacy policy: https://twitter.com/en/privacy, Pinterest’s data privacy policy: https://policy.pinterest.com/en/privacy-policy, YouTube’s data privacy policy: https://policies.google.com/privacy, and Instagram’s data privacy policy: https://help.instagram.com/519522125107875. If there are different or additional data privacy terms in place at the time of your access, it is your obligation to review them before providing any information or Personal Information. Please also review the terms and conditions of use and/or account registration terms for each applicable social media site as they govern your use of each applicable social media site.

SECURITY
We take the safeguarding of your Personal Information seriously. We employ reasonable security measures to prevent or reduce the risk of disclosure of such information and Personal Information. Any Personal Information will be encrypted with industry standard security such as Secure Socket Layer (SSL). If accessing the Site through your computer, while on a secure page, the lock icon in the address bar of your internet browser becomes locked, as opposed to un-locked, or open, when you are just ‘surfing’. While we strive to ensure the safety and security of your information, no security measures are perfect or impenetrable. To protect the confidentiality of your Personal Information if you elect to register an account, you must keep your password confidential and not disclose it to any other person.  Please advise us right away if you believe your Personal Information has been compromised in any way.

THIRD-PARTY SITES

The Site may contain advertising or links to web sites operated by third parties. The fact that our Site contains links to third-party information and websites is not an endorsement or representation of our affiliation with that third party. By clicking on one of these links, you will leave the Site and will be subject to the terms and conditions and privacy policy of the linked website. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your information and/or Personal Information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as we do. If you visit a third-party website that is linked to our Site, you should consult that third-party website’s terms and conditions of use and privacy policy especially before providing any Personal Information or other information.

WEB LOGS AND OTHER FORUMS 

The Site may offer web logs, web postings, bulletin boards, chat rooms, newsgroups or other forums which permit users to post content such as product reviews or interact online. Any Personal Information or other information you transmit or post online will be made public and Equine Guidance cannot control nor is it responsible for the use any third party may make of such Personal Information or other information.

REMARKETING
We may use a third-party technology to remarket our Site based on your behavior while using this Site. Note that if used only non-personally identifiable information would be used in this process. This means that depending which pages you visit on the Site, your browser can become part of an audience, thus be exposed to our ads though third-party ad networks (including Google) across the Internet. You can opt out of being included in remarketing by visiting the Network Advertising Initiative opt-out page. If you agree to receive promotional offers on our products, we may provide your name and email address to our partners so that they can send you such promotions.

MINORS
We do not knowingly or intentionally collect any Personal Information from anyone under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at service@equineguidance.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information.

BUSINESS TRANSITIONS
In the event Equine Guidance goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, your information, including your Personal Information will, in most instances, be part of the assets transferred.

INTERNATIONAL DATA TRANSFERS
The Site is operated and maintained within the United States. If you are visiting the Site from outside of the United States, you should be aware that your data will be transferred to and processed under the laws of the United States, which may not have the same data protection laws as the country in which you are located. By visiting the Site, you consent to the processing and transfer of your data as set out in this Privacy Policy in the United States and subject to the laws of the United States. If you do not consent to having your information used in accordance with this Privacy Policy, you may not access the Site.

LIMITATION OF LIABILITY AND TERMS

YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND THE SITE’S TERMS (INCLUDING, BUT NOT LIMITED TO, ANY REMEDIES, LIMITATIONS ON DAMAGES, AND DISPUTE RESOLUTION CONTAINED THEREIN).

MODIFYING YOUR INFORMATION 

You may unsubscribe from any emails using the link provided in any such email. If applicable, you may log in to your account at any time to modify the information you provided when you created it. If you request that your account be deleted, we may still maintain historical information about your account and any transactions in which you have participated.

YOUR RIGHTS

Equine Guidance aims to take reasonable steps to allow you to correct, amend, or delete your Personal Information. You may also unsubscribe from any emails using the link provided in any such email. California Civil Code Section 1798.83 entitles California customers to request information concerning whether a business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes. As stated in this Privacy Policy, Equine Guidance will not sell or share your Personal Information with third-party companies for their direct marketing purposes without your consent. California customers who wish to request further information about our compliance with this law may contact us by email at service@equineguidance.com with Attention: Legal Department CA Civil Code Section 1798.83 Inquiry in the subject line.

RESPONSE TO DO NOT TRACK SIGNALS

We do not track our customers over time and across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (“DNT”) signals. However, some third-party sites and mobile applications do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites or mobile applications, your web browser may allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

CONTACT
If you would like to communicate with us regarding privacy issues or have questions or comments about this Privacy Policy, please contact us at service@equineguidance.com.

Equine Guidance LLC’s equineguidance.com – Terms and Conditions of Use

Last Modified: April 28, 2021

Welcome to Equine Guidance LLC’s (“Equine Guidance”) website located at https://www.equineguidance.com (or any successor URL) (“Site”). Please review the following terms and conditions of use, which govern your use of the Site (“Terms”). Access to and use of the Site is conditioned upon acceptance of and compliance with these Terms. By accessing the Site, you are signifying that you have read, understand, and agree to be bound by all of the terms and conditions set forth in these Terms. If you do not agree with any part of these Terms, then you do not have permission to access the Site. By using the Site, you represent and warrant that you are of legal age to form a binding contract or have the consent of a parent or guardian who is of legal age.  Your use of the Site is also subject to our Privacy Policy.  Throughout the Site and these Terms the use of “we,” “us” and “our” refers to Equine Guidance and “you” and “your” refer to you.

THE SITE AND ITS FUNCTIONS

Equine Guidance has created a Site offering information for an experience that combines the intuitive wisdom of horses and humans through Somatic Experiencing® in support of healing.

END USER LICENSE 

Equine Guidance grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to download and use the Site for personal use only in accordance with these Terms (“User License”). Equine Guidance does not grant you any other rights whatsoever in relation to the Site or the material contained therein. All other rights are expressly reserved by Equine Guidance. Any use of the Site in any other manner, including, without limitation, resale, reverse-engineering, disassembling, redistribution, transfer, modification, or distribution of the Site or Equine Guidance Content (as defined in the Content Section herein) is strictly prohibited. You may not rent, lease, lend, sell, transfer, redistribute or sublicense the Site. You may not copy (except as expressly permitted by these Terms), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law). If you breach any of these restrictions, you may be subject to prosecution and damages. 

RIGHT TO CHANGE THE SITE
We reserve the right to modify or suspend the Site, or any service, content, feature, information, link, or product offered through the Site, or terminate your right to access or use any portion or feature of the Site, with or without notice, at any time in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension, or restriction of the Site or any portion thereof. You acknowledge that there is no guarantee of any perpetual continuation of any portion of the Site or otherwise to offer any of the products or features or perform any part of the services offered through the Site at any given time.  We make no promise to store or display all of the information and User Content you submit and/or post, if and as applicable. We have no obligation to provide you with a copy of the information you submit and/or post (except as may be noted in our Privacy Policy or as required by applicable law).

ACCOUNTS, REGISTRATION, ACCESS TO, AND USE OF THE SITE

To use the Site you are not required to process any account registration until you elect to sign up for services. If you elect to, you may also submit information to us by providing your first name and email address to us to sign up to receive updates and marketing and other communications from Equine Guidance. When you create an account, you represent and warrant that you will follow the terms and conditions and requirements as required (of Simple Practice, Shopify, or otherwise) and that the information you provide us is accurate, complete, and current at all times. To create an account on the Site you must enter the required information, such as your first name, last name, email address, and create a password. We use the program Simple Practice to collect service request information and have a required Client Intake Form for you to complete. If you request services you will be required to fill out and sign any additional information and forms required by Equine Guidance such as a Wavier of Liability. By using the Site to submit such information, you consent to the transmission of all information (including Personal Information (as defined in our Privacy Policy, which includes, but is not limited to, your first and last name, phone, and email address and the required credit card information)) to Equine Guidance, including its agents and third-party partners, and to them receiving, collecting, storing, processing, transmitting, and using such information or Personal Information for the Site’s functionality, including processing payment, if and as applicable.

You may only have one single account in the Site. Multiple accounts are prohibited and violate the User License granted herein.

You may be asked to supply certain information relevant to the account and/or account registration you place through the Site, including, without limitation, as applicable, your name; your contact information; address and phone number; your credit card number; the expiration date of your credit card; and your billing address. We may use third parties such as Simple Practice and Shopify to process your payment or process your account registration. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We also collect information on our Client Intake Form if you elect to request services.  This information includes detailed personal information including contact information as well as medical and health history information such as prior and current medical treatments and medications.

You may also elect to access the Site’s “In the “U” of the Horse’s Shoe: Six Holes, Six Nails, and Six Steps to Healing.” To download this PDF to learn six ways horses inspire and support personal growth you must provide your first name and email address to subscribe.

Equine Guidance will also collect non-personal information − data in a form that does not permit direct association with any specific individual. Equine Guidance may collect, use, transfer, and disclose non-personal information for any purpose. Such information may include unique device identifier, operating system, Site performance data, location, and the time zone where the Site is used so that Equine Guidance can better understand user behavior and improve our Site. 

Subject to these Terms, our Privacy Policy, and applicable law, Equine Guidance will retain your data and Personal Information as necessary to comply with its legal obligations, resolve disputes, and enforce its agreements. Equine Guidance has appropriate physical, administrative, and technical procedures in place, which are designed to protect and safeguard your data and Personal Information. Of course, although Equine Guidance uses standard industry practices to protect and safeguard your data and Personal Information, it cannot guarantee that your communications with Equine Guidance or Personal Information will never be unlawfully intercepted or accessed by unauthorized third parties.

By submitting your name and email address on our Site, you agree to subscribe to newsletters, marketing or promotional materials and receive notices or other information we may elect to send if you opt in to elect to receive such communications. However, you may at any point in time opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.  You agree that you will keep your contact information up to date.  If such contact information is not up to date, you may miss out on important notices. Unless you opt out you agree that we can provide notices through the Site and/or via the email address you used when you submitted it to our Site.

You may not submit to us the name or email address of another person or entity or that is not lawfully available for you to use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not submit to us any name, email address, or other content that is offensive, vulgar, or obscene.

You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, restricting access to your computer or account, if applicable. You may not share your account information or password with any other party or use the account information or password of any other party. Your password needs to be strong and secure. Unless you close your account or report misuse to us in writing, you will be solely responsible for all activities undertaken and all obligations made by you or through your account (including, but not limited to, any purchases made through your account). You must notify us in writing immediately upon becoming aware of any breach of security or unauthorized use of your account.

WHAT YOU AGREE TO DO AND NOT DO

You agree to access or use the Site solely for legal purposes as allowed by these Terms. By accessing or otherwise in any way using the Site and the Site’s functionality you amongst other things, represent and warrant as applicable that:

• You have all necessary legal capacity or parental consent, right, power, and authority to enter into and be bound by these Terms; 

• You will not hack into the Site, or modify another website so as to falsely imply that it is associated or affiliated with the Site;

• You will only access and use the Site for legal purposes and you may not use our products, services, or information for any illegal or unauthorized purpose;

• You will not damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Site;

• You are 13 years of age or older (older if and as required by applicable law or your parents/guardians to engage in the services with all consents required by us and applicable law);

• You will only have one (1) account;

• You are not restricted from using the Site;

• You have the legal right to use the payment method provided, if and as applicable; 

• You will provide all required information and complete all required aspects of the account registration process if you elect to create an account;

• All information provided in connection with such account and/or registration is true, accurate, and complete and your real name is used on your account registration; 

• You will keep your account information secure if an account is created;

• You will abide by all requirements of Equine Guidance, including, but not limited to, these Terms; 

• You will comply with any applicable third-party terms of agreement when using the Site (e.g. you must ensure your use of the Site is not in violation of your internet access provider’s service agreement or the applicable third party entities that you may use for log-in to your account); 

• You will abide by all applicable laws when submitting your account and/or account registration information and while engaging in all other activities that flow from your access to the Site and use of the Equine Guidance products, services, and the Site;

• You will not violate any applicable laws, rules or regulations in your jurisdiction (including, but not limited to, trademark and copyright laws); and

• You will not access or attempt to access any password-protected, secure, or non-public areas of the Site without our express permission.

Further, you may not in any way use the Site or if the Site functionality allows, post or submit to us or to the Site anything which in any respect:

• Is in breach of any law, statute, regulation, code, governmental order, or bylaw of any applicable jurisdiction;
• Is fraudulent, criminal, or unlawful;
• Is inaccurate or out-of-date;
• May be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
• Impersonates any other person or body or misrepresents a relationship with any person or body;
• May infringe any rights of us or any third party;
• Is contrary to any specific rule or requirement that we stipulate on the Site or in these Terms; or
• Involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

CONTENT, PRODUCTS, AND ACCURACY OF CONTENT OF THE SITE
Unless otherwise noted, the Site, and all materials on the Site, including but not limited to, text, images, illustrations, designs, icons, photographs, and video clips, and the copyrights, trademarks, trade dress, or other intellectual property in such materials (collectively the “Equine Guidance Content”), are owned, controlled or licensed by Equine Guidance. The Equine Guidance® brand name and logo are trademarks of Equine Guidance. Somatic Experiencing® is also the intellectual property of Equine Guidance. The Site and the Equine Guidance Content are intended solely for personal, non-commercial use. You may download or copy the Equine Guidance Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Equine Guidance Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Equine Guidance Content or the Site.

Any third-party content, products, information, or services posted on, transmitted through, or linked from the Site are the sole responsibility of the third-party originator. If you choose to access any third-party content, you do so at your own risk. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE OR ANY THIRD-PARTY CONTENT, INFORMATION, PRODUCTS, OR SERVICES.

We have made every effort to accurately display our services, but images and descriptions on the Site may not exactly match the actual services.  All prices displayed on the Site or in connection with your registration and services fees are in U.S. dollars unless otherwise noted. We will add applicable sales taxes or other similar fees as necessary. All purchases are returnable or refundable only pursuant to our refund policy.  You agree to abide by any additional required terms and conditions indicated at the time of purchase or prior to the use of our services. 

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to products or services descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders for services if any information on the Site is inaccurate at any time without prior notice.

We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on the Site is void where prohibited.

All features, specifications, information, links, and other information if and as described on our Site are subject to change at any time, without notice. There may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to including, but not limited to, links or information contained on third-party websites. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Site is inaccurate at any time without prior notice, but are not obligated to and cannot ensure the correction of any errors, inaccuracies or omissions or the status of any information on the Site or third-party websites linked to.

Without limiting the foregoing, if we incorporate a blog into the Site there is the potential for inaccuracies in the content and some may be personal opinion, it is up to the user to validate the information, no external sources that may be mentioned are endorsed, and any third-party links or sites discussed on the blog are for you to review after reviewing and pursuant to such sites’ privacy policies and terms and conditions.

PAYMENT INFORMATION AND SHOPIFY, SIMPLE PRACTICE, PayPal, and refunds 

You agree to honor your payment obligations and acknowledge and agree that our third-party payment and appointments processor(s) will store your payment information. If there are additional terms and conditions for payments, such additional terms and conditions will need to be agreed to prior to completing your purchase.  You may be subject to foreign transactions fees depending on your location. You can access your purchase history through managing your account settings.

The Site may be linked to Shopify and/or use third-party sites to sell our products and services. Your information and Personal Information would be stored through e.g. Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. Shopify’s Privacy Policy is here, and applies to all data they collect. It is encrypted according to the requirements of the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.  For additional information, you can review Shopify’s terms of service here.  You may also be able to elect to process your order via PayPal.  Pay Pal’s Privacy Policy is here and the account user agreement is here. We may also use Simple Practice to process our appointments, requests for services, and payments.  You can review Simple Practice’s terms of service here and their privacy policy here. These policies would apply to all data collected and processed by the applicable third-party payment and/or appointments processor.

We have no relationship with Shopify, Simple Practice, or PayPal other than utilizing their online e-commerce platforms and appointment or payment processing and we have no responsibility for or control over such companies (or their products or services) nor do we endorse them.

Refunds 

Cancellations made 45 days prior to arrival date receive a full refund.
Cancellations made 30 days prior to arrival date receive an 80% refund.
Cancellations made within 30 days of arrival date are not eligible for a refund. The appointment may be rescheduled on a date within 12 months of the original session date with 85% credit towards the new session.
Cancellations made within 15 days of arrival are not eligible for a refund. A credit of 50% towards a rescheduled session within 12 months of the original session date.

For any products sold through third-party retailers, all refunds and exchanges should be handled directly through the applicable third-party retailer that the product was purchased from and pursuant to their specific terms and instructions. Products purchased through a payment provider are also according to any terms and conditions, policies, and any instructions.

YOUR USE OF THE SITE

Your use of the Site is completely voluntary and for your own benefit. You shall not be entitled to compensation of any kind from Equine Guidance for such use. Your use of the Site requires appropriate telecommunication links. We shall not have any responsibility or liability with respect to any costs you may incur due to your use of the Site. You are solely responsible for all of costs involved in your use of the Site, including, but not limited to, computer costs and any other costs that flow directly or indirectly from your use of the Site.

You agree to access or use the Site solely for legal purposes as allowed by these Terms. Amongst other things, you agree not to:

• Hack into the Site, or modify another website or mobile application so as to falsely imply that it is associated or affiliated with the Site;
• Damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Site;
• Violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); 
• Use or copy any material from the Site, including, but not limited to, onto other websites or into mobile applications; or
• Frame any of the Site onto your own or another person’s website or mobile application.

CONTENT YOU PROVIDE 

The Site may offer the ability to submit and may offer the ability to share content generated by you or other users, such as through comments on blog posts or otherwise (“User Content”). You are responsible for the User Content that you post or submit on or through the Site, including its legality, reliability, and appropriateness and you should have no expectation of privacy or confidentiality in any User Content you submit or post. We take no responsibility and assume no liability for User Content you or any third-party posts on or submits through the Site.

You represent and agree that any User Content you post or submit will abide by the terms and conditions herein. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third parties regarding the source of any User Content. We take no responsibility and assume no liability for any User Content posted or submitted by you or any third party.

By submitting User Content to the Site, you grant, and you represent and warrant that you have the right to grant and hereby do grant, Equine Guidance (and its affiliates (entities controlled by, controlling, or under common control with us), partners, agents, licensees, successors and assigns) a perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Content, for any purpose without restriction and without providing any notice, consent, approval, attribution, or compensation to you. If you do not want us to use your User Content, please do not post or submit it to the Site.  You may encounter Equine Guidance Content or User Content that is in some way offensive, inaccurate, illegal, incomplete, or otherwise objectionable. Your only remedy is to stop viewing such Equine Guidance Content or User Content. You may also submit a report to us at serivce@equineguidance.com. We maintain the right, but not the obligation, to monitor and edit all User Content posted on or submitted to the Site. We are not obligated to review or publish any User Content and may remove it in our sole discretion, with or without notice.

CONTESTS, SWEEPSTAKES, AND PROMOTIONS

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

PRIVACY
We respect the privacy of your personal information. Please view our Privacy Policy for more information.

DISCLAIMER OF WARRANTIES AND LIMITATION ON DAMAGES
THE SITE AND PRODUCTS AND SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, DISCLAIMING ALL WARRANTIES, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT. WE ASSUME NO LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, PRODUCTS, SERVICES, INFORMATION OR ANY THIRD-PARTY WEBSITE(S) OR INFORMATION, OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE, PRODUCTS, SERVICES, AND THE MATERIALS INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN OR LINKED TO.  

Equine Guidance does not warrant that: a) The Site will function uninterrupted, secure, or available at any particular time or location; b) Any errors or defects will be corrected; c) The Site is free of viruses or other harmful components; or d) The results of using any information provided by the Site will meet your requirements.

Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE, PRODUCTS, SERVICES, AND THE MATERIALS INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, In no event shall EQUINE GUIDANCE or ITS AFFILATES, SUCCESSORS, AND ASSIGNS, OR EACH OF ITS AND ITS AFFILIATES, SUCCESSORS, AND ASSIGNS’ OWNERS, MEMBERS, MANAGERS, OFFICERS, directors, employees, partners, agents, CONTRACTORS, suppliers, INSTRUCTORS, PARTICIPANTS, VOLUNTEERS, OR REPREPESENTATIVES, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) YOUR USE OF, RELIANCE UPON, ACCESS TO (OR LACK THEREOF), OR EXPLOITATION OF THE SITE, PRODUCTS, SERVICES, THE MATERIALS OR ANY PART THEREOF; (II) your access to or use of or inability to access or use the Site; (iIi) any conduct or content of any third party on the Site; (iV) any content obtained from the Site; and (v) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. YOUR SOLE REMEDY IS TO CEASE USE OF THE SITE.  NOTWITHSTANDING SUCH LIMITATION AND WITHOUT IN ANY WAY INTENDING TO REVISE THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL EQUINE GUIDANCE’s MAXIMUM AGGREGATE LIABILITY TO YOU BE MORE THAN one HUNDRED DOLLARS ($100.00). 

Equine Guidance’s services are experiential in nature.  The services are not considered traditional talk or any other type of traditional therapy or medical or psychological services. The links and other information on the Site are not intended to prevent, diagnose, treat, cure, or eliminate any specific condition or issue whether medical, psychological, neurological, or otherwise.  The links and other information on the Site are intended to be a repository for information to be evaluated by you. The material on this Site does not constitute an endorsement by Equine Guidance or advice.  It is up to our visitors to the Site to make their own decisions, or to consult with applicable medical professionals when evaluating and adhering to the information on our Site or linked to or from the Site.   This type of equine experience is not covered by standard medical insurance policies and is not considered standard counseling or psychotherapy. Sessions of Equine Guidance® are not to be considered formal counseling or psychotherapy, and the session and 30-minute follow-up conversation do not constitute an ongoing therapeutic relationship. Without intending to revise or limit any of the foregoing, the obligation rests solely and exclusively with you to evaluate your needs and set your expectations for your involvement with Equine Guidance.  No specific results are promised or guaranteed.

INDEMNITY
You shall defend, indemnify, and hold harmless Equine Guidance, its affiliates, successors, and assigns, and each of its and its affiliates, successors, and assigns’ owners, members, managers, officers, directors, employees, partners, agents, contractors, suppliers, instructors, participants, volunteers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to (i) Your use or misuse of the Site and products and services offered on the Site, including, but not limited to, use of any information contained on the Site or websites linked to; (ii) Violation of these Terms or our Privacy Policy; (iii) Infringement by you or anyone using your account, or any third party submitting User Content on your behalf, of any law or intellectual property or other right of any person or entity; or (iv) Any User Content you submit. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

REMEDIES

In addition to any other available remedies, if you breach any of the terms or conditions listed within these Terms, Equine Guidance may immediately terminate these Terms and pursue legal action and/or equitable injunctions in order to compensate Equine Guidance for all injuries caused by such breach.  You also further agree to forfeit any compensation earned by you in connection with your breach(es) of these Terms. 

EQUITABLE REMEDIES

You hereby agree that if the terms of these Terms are not specifically enforced, Equine Guidance will be irreparably damaged, and therefore you agree that Equine Guidance shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of these Terms, in addition to any other available remedies.  You hereby expressly waive all rights to injunctive relief.

COPYRIGHT POLICY
We respect intellectual property rights and will remove or disable access to any material on the Site that infringes any copyright after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any content on the Site violates your copyright, please provide our copyright agent with the written information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

Equine Guidance LLC

Attn:  Copyright Agent Notice – Equine Guidance LLC

PO Box 3963 Sedona AZ 86340

CHANGES TO TERMS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide written notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

TERMINATION

These Terms and the User License are effective until terminated by Equine Guidance, with or without written notice. Your rights under the User License will terminate automatically without notice from Equine Guidance if you fail to comply with any terms or conditions of the User License. Upon termination of the User License, you shall cease all use of the Site. Upon termination you may no longer access the Site. All terms herein intended to survive termination (including, without limitation, limitations of liability and dispute resolution), shall so survive.  Without in any way limiting any other language elsewhere in these Terms, Equine Guidance shall in no way be liable to you for any termination as described in this Section.

GENERAL LEGAL PROVISIONS
These Terms are governed by the laws of the State of Arizona, U.S.A., without regard to conflicts of laws principles, as if this were a contract wholly entered into and wholly performed within the State of Arizona. Any disputes or differences between the parties arising out of these Terms which the parties are unable to resolve themselves shall be submitted to and resolved by arbitration as provided herein below.  Notwithstanding the arbitration obligations, Equine Guidance shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction located in the State of Arizona and you consent to personal jurisdiction of any court of competent jurisdiction in the State of Arizona. Access to or use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. All rights not expressly granted herein are hereby reserved. You may not assign your rights under these Terms to any party; we may assign our rights under these Terms without condition. These Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. All rights not expressly granted herein are hereby reserved to Equine Guidance. 

These Terms (and our Privacy Policy and any other terms and conditions that may be provided by us to you when you engage with certain features of the Site) contain all the terms agreed between us and you regarding their subject matter and supersedes and excludes any prior terms and conditions, understanding or arrangement between us and you, whether oral or in writing.

ARBITRATION

This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. Please read this carefully. It affects your rights.

Except for a claim by Equine Guidance of infringement or misappropriation of its patent, copyright, trademark, or trade secret and/or Equine Guidance ’s ability to seek injunctive or other equitable relief, any and all disputes between you and Equine Guidance arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Site. You agree that by entering into these Terms, you and Equine Guidance are each waiving the right to trial by jury or to participate in a class action. You and Equine Guidance 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. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Equine Guidance must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in the State of Arizona. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in the State of Arizona.  Any arbitration proceedings held hereunder shall be confidential. 

ATTORNEY’S FEES AND COSTS

Should it become necessary for any party to these Terms to bring a claim in arbitration and/or litigation to enforce any provision herein, or for damages on account of any breach of these Terms, the prevailing party shall be entitled to recover from the other party or parties all costs and expenses incurred in the arbitration and/or litigation, which includes but is not limited to the recovery of reasonable attorney’s fees and court costs. 

EMAIL

Feel free to email Equine Guidance at service@equineguidance.com. However, any communication may be lost, intercepted or altered. Equine Guidance is not liable for any damages related to communications to or from the Site. You agree with respect to any information provided by you to us through the Site or via e-mail that:

• Equine Guidance has no obligation concerning such information;

• The information is non-confidential;

• Equine Guidance may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation (for purposes of clarification, all submissions, suggestions, corrections, additions, modifications, etc. you submit are owned outright, solely, and exclusively by Equine Guidance without any consent, approval, notice, or compensation to you); and

• The information is truthful and disclosure of the information does not violate the legal rights of others.

CONTACT

If you have concerns relating to the Site or these Terms, please contact Equine Guidance at  service@equineguidance.com.