TERMS OF USE
Effective Date: November 1st, 2021

1.Parties.

The parties to these Terms of Use are you and the owner of this my.operationdreamhorse.com website business, EQUNERA GmbH ("EQUINERA"). All references to "we", "us", "our", this "website" or this "site" shall mean this website business and EQUINERA.

2.Eligibility.

The services offered on the site are only available to persons who can form legally binding contracts under applicable law. By way of example, persons under 18 years of age are not eligible to use the site or the services offered thereon. If you are under the age of eighteen, you may use this website only with the consent of your legal guardian.

3.Use And Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. WE grant you a non-exclusive, non-transferable, limited permission to access and display the website within this site as a customer or potential customer of EQUINERA, provided you comply with these Terms of Use. You are not authorized to sublicense, resell, transfer, assign, or distribute the site, its services or content; modify or create derivative works based on the site, its services or content; or (iii) mirror the site, its services or any of the content on any other server or device. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree to use this website and its content solely for your own noncommercial use and benefit. All rights not expressly granted in this Agreement are reserved by us and our licensors.

4.Modification of Terms.

We may update, amend, modify or supplement these Terms of Use, including the Privacy Policy, from time to time by giving you notice. Such changes will take effect immediately. Any such modification may be made without the consent of any third-party beneficiaries of this Terms of Use. You can review the most current version of this Terms of Use at any time at: https://my.operationdreamhorse.com/terms-of-use-equinera-gmbh.Your continued use of your account or the services after we post a new version of the Terms of Use will be conclusively deemed to be accepted by you of any such new version.

5.Intellectual Property.

Unless otherwise noted, all materials, including images, illustrations, text, designs, icons, photographs, software, video clips, and written and other materials that are part of the site (collectively, the “Content”), along with any copyright, trademark, service mark, patent, trade dress and/or other proprietary or intellectual property rights in the site and the Content, are owned by or licensed to EQUINERA.

6.Indemnification and Limitation of Liability.

You agree to defend, indemnify and hold EQUINERA, its subsidiaries, affiliates and successors, their respective shareholders, directors, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EQUINERA SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES OR PRODUCTS PROVIDED HEREUNDER. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.

Handling horses as well as riding them has a very high potential for accidents and injuries. Horses are powerful flight animals and as such can show unexpected as well as unpredictable reactions such as shying, striking or bolting. Such reactions or situations can never be completely ruled out, even if you have known a horse for years. Any work with a horse involves risks of serious injury and endangerment of physical safety for the person handling the horse and for the horse itself.

The implementation of all exercises of the offered online seminars, live webinars, video seminars and the associated documentation, such as e-books, summaries and checklists is at the participant's own risk and responsibility. The participant has to make his own decisions about the implementation of all techniques and lessons. Always consider and adhere to the framework of one's own possibilities and abilities, as well as the training level, temperament, idiosyncrasies and possible bad habits of the horse. Always make sure you have the appropriate equipment (riding helmet, safety vest, suitable footwear, etc.) and take the greatest possible care.

We do not accept any responsibility or liability for personal injury, material damage or financial loss that may occur during work and handling of the horse. By purchasing this product, the participant confirms that he/she understands this risk and refrains from making any claims for compensation in the event of any damage.

7.Links to This Site.

We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this website provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written permission for a particular use. Do not incorporate any website content into your website. You agree to comply with these Terms of Use, and all copyright, trademark, and other proprietary notices.

8.Links to Third Party Websites.

We do not review or control third party websites that link to or from this site. Any link you make to or from the third party websites will be at your own risk. Any use of the third party websites will be subject to and any information you provide will be governed by the terms of the third party websites, including those relating to confidentiality, data privacy and security.

9.Participation In Promotions of Advertisers.

Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through our website, including payment and delivery of related products, are solely between you and each such advertiser.

10. Subscriber/User Comments, Feedback and Submissions.

When you post comments, Facebook postings, blog entries, photos and videos, etc. (collectively, the "Material" or “Materials”) through our website, social media or to our employees via email or otherwise, you acknowledge that you are the owner of such Material or are using the Material with the express permission of the owner of the Material. The materials are considered non-confidential. In addition, for such posted or transmitted material, you grant us and anyone authorized by us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute and/or publicly perform or display such material, in whole or in part, in any manner or medium now known or hereafter developed, for any purpose. This also includes the right to exploit any proprietary rights in the aforementioned material, including but not limited to rights under copyright, trademark or patent law in any relevant jurisdiction. In connection with the exercise of such rights, you grant us and anyone authorized by us the right to identify you as the author of such material by name, user/screen name or email address. EQUINERA will not use any Material which would infringe the privacy or reputation of the person or undermine the integrity.

11.Jurisdiction.

Any and all disputes arising out of or in connection with any contract or with these Terms of Use, or any infringement, termination or nullity thereof, shall be subject to the exclusive jurisdiction of the court having territorial and subject matter jurisdiction for EQUINERA’S corporate location.

12.Governing Law.

This Terms of Use shall be governed by and construed in accordance with Austrian law, however, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

13.Severability.

The invalidity or unenforceability of any provision contained in this Terms of Use shall not affect the validity or enforceability of any other provisions of this Terms of Use which shall remain in full force. An invalid provision shall be replaced by such provision which comes as close as possible to the intended commercial purpose of the invalid provision.

14.Force Majeure.

We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, forces of nature, acts of war, riots, revolts, revolution, terrorism, fire, natural disasters, pandemics, embargoes, internet disruptions, hacker attacks, or communications failures.

15.Privacy.

Please review this site's Privacy Policy which also governs your visit to this site.