Terms of use

 This website is operated by Lundahl Horsemanship LLC (hereafter referred to as "Lundahl Performance", “Jake Lundahl”, “Amy Lundahl”, "company," "we," "us," or "our"). Through our website Coltstarting.com ("Website"), we offer training products and services (collectively, "Products and Services") for sale.

 

The company offers access to the Website subject to these Terms of Use and any terms incorporated by reference, which may be updated by us from time to time (the "Terms").

By accessing our Website in any way, you are agreeing to comply with and be bound by these Terms. In addition, when using our Website, you agree to abide by any posted guidelines, which may change from time to time, and to comply with all applicable laws, regulations and rules. If you object to any of these Terms, any guidelines, or any subsequent modifications, or if you become dissatisfied with the Website, you should immediately discontinue use of the Website. 

These Terms remain in force and effect as long as you are a user of the Website and/or a registered user. In the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability. You should periodically review these Terms. Company reserves the right, at any time, to change the Terms by publishing revised terms on the Website. Any use of the Website by you after our publication of any such changes shall constitute your acceptance of these Terms, as modified, with regard to any additional use of the Website. You agree that Company is permitted to access and use any other information provided by you to provide access to the Website to access such information to obtain contact information in order to provide notifications relating to the Website.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE. BY USING THE WEBSITE AND AGREEING TO THESE TERMS, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO A CONTRACT.

 

NOTICE OF ARBITRATION: THESE TERMS OF USE MAY REQUIRE YOU TO SUBMIT ANY DISPUTES TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE WEBSITE AND SERVICES, THESE TERMS OF USE OR THE PRIVACY STATEMENT TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. MORE INFORMATION ABOUT THE ARBITRATION SECTION BELOW.

 

ACCESS TO THE WEBSITE AND RESTRICTIONS ON YOUR USE.

Company grants you a limited, revocable, nonexclusive, non-transferable license to access our Website for your own personal use only. You may not download or modify any portion of the Website except as expressly permitted by Company. No Materials (as defined herein-below) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express, written permission. Violation of these Terms results in the automatic termination, without notice, of your license to access the Website and also may constitute the infringement of Company's copyright, trademark and/or other rights. You agree not to access or try to access any computer system of Company, its programs or its data that are not made available for public use. Except as expressly stated herein, you are not granted any right or license, by implication, or otherwise, in or to any patent, trademark, copyright, or proprietary right of Company or any third party, in connection with your use of the Website and any Materials provided by Company or any third party on the Website. Elements of the Website, including custom graphics, images, videos, logos, page headers, sounds, button icons, and the "look and feel" of the Website (including its design, layout, color combinations, button shapes and other graphical elements) are protected by copyright, trade dress and other state and federal laws and may not be copied or imitated, in whole or in part.

 

Any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, logos, service marks, page headers, graphics, trademarks, service marks, widgets, icons, scripts and trade names trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world, including any training videos, training books, educational software, advertising and marketing services, social media services, and personalized content ("Intellectual Property") contained on the Website are proprietary to us, or our licensors or licensees and respectively retains and owns all right, title, and interest in and to any Intellectual Property. You understand and agree that you do not have under or in connection with these Terms any ownership interest in any Intellectual Property related to this Website You hereby unconditionally and irrevocably assign to Us, your entire right, title, and interest in and to any Intellectual Property rights that you may now or hereafter have in or relating to the Website (including any rights in derivative works or patent improvements relating to either of them), whether held or acquired by operation of law, contract, assignment, or otherwise. Permission is NOT granted to use any of the Intellectual Property in connection with any product or service that is not ours or, in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. Any other Intellectual Property not owned by us that appear on the Website, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

 

You agree that you will not do any of the following:

 

a. Use any data mining, robots, spiders, or similar data-gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.

b. Circumvent, disable or interfere with the security of the Website or features that prevent, limit or restrict use or copying of the Website or any Materials.

c. Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.

d. Transmit any software or other materials containing viruses, worms, Trojan horses, defects, date bombs, time bombs or other destructive or harmful items.

e. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or attempt to derive any source code or underlying ideas or algorithms on the Website.

f. Do anything that imposes or may impose, in our sole judgment, an unreasonable or disproportionately large load on our (or our third party providers') infrastructure.

g. "Frame" or "mirror" the Website or any part.

h. Use the Website or any Materials for any unlawful purpose.

i. Spam or flood the Website.

j. Resell or make commercial use of the Website or Materials; or (b) make any derivative use of the Website or Materials.

 

Privacy policy

Please review our Privacy Policy, which also governs your visit to our Website made and is hereby incorporated by reference.

No warranty on purchases

THIS WEBSITE AND THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTIES REGARDING THIS WEBSITE OR INFORMATION AVAILABLE ON THIS WEBSITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED TO THE EXTENT ALLOWED UNDER APPLICABLE LAW. TO THE EXTENT ANY SUCH WARRANTY MAY NOT BE DISCLAIMED, SUCH WARRANTY IS HEREBY LIMITED TO THE MINIMUM DURATION AND EXTENT ALLOWED UNDER APPLICABLE LAW. YOU ARE SOLELY RESPONSIBLE FOR THE PREPARATION, CONTENT, ACCURACY, AND REVIEW OF ANY DOCUMENTS, DATA, OR OUTPUT PREPARED OR RESULTING FROM THE USE OF THIS WEBSITE AND FOR ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON THE DATA CONTAINED ON THE WEBSITE. THIS WEBSITE AND ALL MATERIALS AVAILABLE ON THIS WEBSITE ARE MADE AVAILABLE TO YOU FOR INFORMATIONAL PURPOSES ONLY. WE ARE NOT PROVIDING MEDICAL, FINANCIAL, TAX AND ACCOUNTING, LEGAL, COMPLIANCE, OR ANY OTHER PROFESSIONAL ADVICE BY OFFERING ACCESS TO OUR WEBSITE. YOUR DECISIONS MADE IN RELIANCE ON THE INFORMATION AVAILABLE ON THIS WEBSITE AND YOUR INTERPRETATIONS OF OUR DATA ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES RESULTING FROM ANY DECISIONS BY YOU OR ANYONE ACCESSING THE WEBSITE INCLUDING MEDICAL, FINANCIAL, TAX AND ACCOUNTING, LEGAL COMPLIANCE, OR ANY OTHER PROFESSIONAL ADVICE. YOU AGREE THAT YOU WILL USE THE WEBSITE AND ANY INFORMATION AVAILABLE ON THIS WEBSITE AT YOUR OWN RISK.

Limitation of liability 

WE, INCLUDING OUR OFFICERS AND EMPLOYEES, WILL NOT BE LIABLE TO YOU FOR, AND YOU HEREBY RELEASE US FROM, ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES INCURRED OR SUFFERED AS A RESULT OF OR RELATED TO THE SUBJECT MATTER OF THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

 

Indemnification

You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to: (a) Your use or misuse of the Website; (b) any dispute or litigation caused by Your actions or omissions; (c) Your negligence or violation of any applicable law or rights of a third party; (d) Your violation of any intellectual property right, publicity, confidentiality, property or privacy right of any person or entity; (e) any disputes or issues between you and any third party, including Third Party Providers; or (f) Your breach of this Agreement.

 

Third party services

The Website may contain services and functionality provided by third parties ("Third Party Providers"). The use of such services or functionalities may be subject to additional terms and conditions provided by such third parties, and we have no control over such terms and conditions. By using this Website, you acknowledge that your use of such third party services is subject to the terms and conditions of use for such third parties, over which we have no control.

 

Binding arbitration

(A) SUBJECT TO (B) BELOW, ANY DISPUTED CLAIM ARISING OUT OF, OR RELATED TO, THESE TERMS OR ANY BREACH HEREOF THAT CANNOT BE RESOLVED BY THE PARTIES WILL BE FINALLY SETTLED BY ARBITRATION. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") AND CONDUCTED IN THE ENGLISH LANGUAGE IN CLEVELAND, OHIO, USA, IN ACCORDANCE WITH AAA RULES. IN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS AND SUCH RULES, THE PROVISIONS OF THESE TERMS WILL GOVERN. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION SECTION, IN THE EVENT THAT YOU REPUDIATE OR BREACH YOUR OBLIGATIONS AS SET FORTH IN THESE TERMS (INCLUDING, WITHOUT LIMITATION, THE OBLIGATIONS SET FORTH IN INTELLECTUAL PROPERTY RIGHTS SECTION, WE MAY FILE FOR PRELIMINARY INJUNCTIVE RELIEF SEEKING A COURT ORDER FOR SPECIFIC PERFORMANCE OF YOUR OBLIGATIONS, AND WE ARE ENTITLED TO INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF AND/OR A DECREE FOR SPECIFIC PERFORMANCE WITHOUT THE POSTING OF ANY BOND OR OTHER SECURITY, IN ADDITION TO ANY REMEDIES IT MAY HAVE FOR DAMAGES OR OTHERWISE.

 

Electronic communications

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Changes to websites

We may change or discontinue any aspect, service or feature of the Websites at any time without notice, including, but not limited to, content, availability, and equipment needed for access or use.

Changes to terms

These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Websites after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.

 

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

 

These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.

 

Be sure to return to these Terms periodically to review the most current version. We reserve the right at any time, at our sole discretion, to change or otherwise modify these Terms without prior notice; however, the date of any effective changes shall be reflected at the bottom of this page and upon request we will provide you with information regarding any changes made.

 

This policy was last updated on March 25th, 2021.