Agreement between User and TeamTateAcademy.com
Welcome to TeamTateAcademy.com. The TeamTateAcademy.com website (the "Site") is
comprised of various web pages operated by Team Tate Dressage ("Team Tate Academy").
TeamTateAcademy.com is offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein (the "Terms"). Your use of
TeamTateAcademy.com constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
TeamTateAcademy.com is a Forum/Online discussion Site.
An educational platform featuring the work of Jessica Jo Tate and Team Tate Dressage.
Visiting TeamTateAcademy.com or sending emails to Team Tate Academy constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Team Tate Academy is not
responsible for third party access to your account that results from theft or misappropriation of
your account. Team Tate Academy and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Team Tate Academy does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use TeamTateAcademy.com only
with permission of a parent or guardian.
Members who pay monthly may cancel your subscription at any time. Membership who pay yearly
will not qualify for a refund on cancellations made after 60 days of service. Please contact us at
[email protected] with any questions.
Links to Third Party Sites/Third Party Services
TeamTateAcademy.com may contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of Team Tate Academy and Team Tate Academy is not responsible for
the contents of any Linked Site, including without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. Team Tate Academy is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by Team Tate
Academy of the site or any association with its operators.
Certain services made available via TeamTateAcademy.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
TeamTateAcademy.com domain, you hereby acknowledge and consent that Team Tate Academy
may share such information and data with any third party with whom Team Tate Academy has a
contractual relationship to provide the requested product, service or functionality on behalf of
TeamTateAcademy.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
of the Site, you warrant to Team Tate Academy that you will not use the Site for any purpose that
is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Team Tate Academy or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Team Tate Academy content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Team Tate Academy and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of Team Tate Academy or our licensors except as expressly
authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded; restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
Team Tate Academy has no obligation to monitor the Communication Services. However, Team
Tate Academy reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. Team Tate Academy reserves the right to terminate
your access to any or all of the Communication Services at any time without notice for any reason
Team Tate Academy reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in part, in Team Tate Academy's sole
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. Team Tate Academy does not control or endorse the
content, messages or information found in any Communication Service and, therefore, Team Tate
Academy specifically disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service. Managers and hosts are
not authorized Team Tate Academy spokespersons, and their views do not necessarily reflect
those of Team Tate Academy.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to TeamTateAcademy.com or Posted on Any Team Tate Academy
Team Tate Academy does not claim ownership of the materials you provide to
TeamTateAcademy.com (including feedback and suggestions) or post, upload, input or submit to
any Team Tate Academy Site or our associated services (collectively "Submissions"). However,
by posting, uploading, inputting, providing or submitting your Submission you are granting Team
Tate Academy, our affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in connection with your
No compensation will be paid with respect to the use of your Submission, as provided herein.
Team Tate Academy is under no obligation to post or use any Submission you may provide and
may remove any Submission at any time in Team Tate Academy's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
The Service is controlled, operated and administered by Team Tate Academy from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the Team Tate Academy
Content accessed through TeamTateAcademy.com in any country or in any manner prohibited by
any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Team Tate Academy, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Team Tate Academy reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with Team Tate Academy in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. TEAM TATE DRESSAGE AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TEAM TATE DRESSAGE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
TEAM TATE DRESSAGE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL TEAM TATE DRESSAGE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF TEAM TATE DRESSAGE OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Team Tate Academy reserves the right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of South Carolina and you
hereby consent to the exclusive jurisdiction and venue of courts in South Carolina in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Team Tate Academy as a result of this agreement or use of the Site. Team Tate
Academy's performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Team Tate Academy's right to comply with
governmental, court and law enforcement requests or requirements relating to your use of the Site
or information provided to or gathered by Team Tate Academy with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Team Tate Academy with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Team
Tate Academy with respect to the Site. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
Team Tate Academy reserves the right, in its sole discretion, to change the Terms under which
TeamTateAcademy.com is offered. The most current version of the Terms will supersede all
previous versions. Team Tate Academy encourages you to periodically review the Terms to stay
informed of our updates.
Team Tate Academy welcomes your questions or comments regarding the Terms:
Team Tate Dressage
226 Pleasant Hill
Landrum, South Carolina 29356
Effective as of June 12, 2020