Terms & Conditions

Updated May 22, 2018

Please note that our Site and its content are under constant development, therefore this agreement may be modified and updated on an ongoing basis. It is your responsibility to check back for updates and changes.

This Site is published in the United States. We attempt to protect the personally identifiable information of all users of our Site and we attempt to comply with local data protection and consumer rights laws to the extent they may apply to The Eclectic Horseman’s services, but our Site is targeted to United States citizens and our policies are directed at compliance with those laws.  If you are uncertain whether this privacy policy conflicts with the applicable local privacy laws where you are located, you should not submit your personally identifiable information to The Eclectic Horseman, Inc.

If you are located outside the United States of America, you should be aware that information about you will be transferred to the United States of America. If you are located in a country outside the United States of America and voluntarily submit personally identifiable information to us, you thereby consent to the general use of such information as provided in this privacy policy and to the transfer of that information to, and/or storage of that information in, the United States of America.

General Rules

By visiting our site, you are accepting the practices described in our privacy policy, including our use of cookies and similar online tools.  If you do not agree to the terms of this privacy policy, please do not use the site.  We reserve the right to modify or amend the terms of our privacy policy from time to time without notice. Your continued use of our site following the posting of changes to these terms will mean you accept those changes.  If we intend to apply the modifications or amendments to this privacy policy retroactively or to personally identifiable information already in our possession, we will provide you with notice of the modifications or amendments and seek your consent for such use.

Access

Access to this Site and to some Mobile Content is provided free of charge and does not create a professional services relationship or any other relationship with The Eclectic Horseman, Inc.

This Site and Mobile Content are provided solely for your personal, non-commercial use. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Site nor transfer to or store any data residing or exchanged over this Site in any electronic network for use by more than one user unless you obtain prior written permission from The Eclectic Horseman, Inc. Specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from this Site. Information about requesting permission to reproduce or distribute materials from this site can be requested here.

Intellectual Property

The Eclectic Horseman and the Sites, and all other text and images contained on the Sites and in The Eclectic Horseman’s products are protected by United States trademark and copyright law and other applicable law and are the property of The Eclectic Horseman, except as otherwise identified. All copyrights and trademarks not the property of The Eclectic Horseman that are used or referred to in this Site and The Eclectic Horseman’s products are the property of their respective owners. Nothing contained in the site or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of The Eclectic Horseman or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on this site or other products may violate the law. If you are a copyright owner and believe infringing material is present on this Site, please contact us immediately for its removal.

The Eclectic Horseman’s products, including third party and licensed materials on the site, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. Any use for a commercial or public purpose requires specific written permission from The Eclectic Horseman.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Site, and you agree not to engage in unacceptable use of the Site, which includes, without limitation, use of this Site to:

  • Harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
  • Post or transmit any Content that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
  • Purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security or market; or disseminate or transmit any material, non-public information about companies without authorization to do so;
  • Collect, use, or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others;
  • Impersonate any person or entity (including a Mobile Content or Site agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the Site for such purpose;
  • Disseminate or transmit any Content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
  • Violate any law (whether local, state, national, or international), whether or not intentionally;
  • Forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Site, or servers or networks connected to the Site; or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
  • Post any Content related to partisan political campaigning or fundraising.
  • Express or imply that any statements you make are endorsed by us;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
  • Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Site or the contents (except as expressly permitted by The Eclectic Horseman);
  • Remove any copyright, trademark or other proprietary rights notices contained in the Site;
  • “Frame” or “mirror” any part of the Site; or
  • Engage in any other activity deemed by The Eclectic Horseman to be in conflict with the spirit or intent of this agreement or that might violate the rights of others or give rise to liability.

You understand that by using the Site, you may be exposed to Content that may offend you or challenge your beliefs. Your remedy is to avoid such Content by discontinuing your access.

Content and Non-Endorsement

Opinions and other statements expressed by users and third parties are theirs alone, not opinions of The Eclectic Horseman, Inc. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. This Site and third parties may provide links to web pages, web sites, and various resources or locations on the web. The Eclectic Horseman, Inc. has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.

Limitation of Liability and Use

YOU EXPRESSLY AGREE THAT THE USE OF THE ECLECTIC HORSEMAN’S PRODUCTS AND SERVICES, INCLUDING this Site, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND THE ECLECTIC HORSEMAN MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ECLECTIC HORSEMAN DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH this Site OR FROM THE ECLECTIC HORSEMAN, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM THE ECLECTIC HORSEMAN NOT EXPRESSLY STATED IN THIS AGREEMENT.

EXCEPT AS OTHERWISE STATED, THE ECLECTIC HORSEMAN MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITES OR ANY WEB SITE LINKED TO this Site. YOU AGREE THAT NEITHER THE ECLECTIC HORSEMAN, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER THE ECLECTIC HORSEMAN NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITE ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.

THE ECLECTIC HORSEMAN AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER THE ECLECTIC HORSEMAN MONTHLY WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ECLECTIC HORSEMAN’S LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.

THE ECLECTIC HORSEMAN assumes no responsibility or liability arising from the content of this Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within this Site or accessed through the Site. THE ECLECTIC HORSEMAN also does not warrant that the functions or informational materials contained in or accessed or downloaded through our Site are free of computer viruses or other harmful components. In addition, although we make a good faith effort to update the content of our Site periodically, we do not have a duty to update information contained in our Site, and we will not be liable for any failure to update such information.

This Site make no representation that information content provided is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.

Indemnification

You agree to indemnify, defend and hold THE ECLECTIC HORSEMAN, its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of the Terms of Service; (b) any allegation that any Content or other materials you submit to us or transmit to this Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with this Site.

Special Agreement on Fee-Shifting and Choice of Law

If you attempt to bring any legal action against THE ECLECTIC HORSEMAN based in any way on its products or services, including this Site, you agree that, in the event you do not prevail or THE ECLECTIC HORSEMAN does prevail, you will reimburse THE ECLECTIC HORSEMAN for any costs and attorneys fees associated with their defense of the action.

The use of this Site and any claim or dispute relating to this Site shall be governed by the laws of the District of Columbia, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in the District of Columbia. Use of this Site is unauthorized in any jurisdiction that does not affect all provisions of these Terms of Service, including without limitation this paragraph.

Severability

If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.