Terms of Use

    Overview:

    Welcome to Goodnight Academy on https://juliegoodnight.com/academy. We are an online subscription service, providing our members with access to episodes of the Horse Master with Julie Goodnight television show, streaming over the Internet to certain computers and other devices. Below you will find detailed terms and conditions. You should read and understand them as they govern your use of our service.

    These Terms of Use provide that all disputes between you and Goodnight Academy will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action.

    These Terms of Use are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about our service. We encourage you to revisit these Terms of Use when you have a question about the service or want to know how something works.

     

    Acceptance of Terms of Use

    These Terms of Use, which include our Privacy Policy and End User License Agreement (“EULA”) govern your use of the Goodnight Academy service, including all features and functionalities, instant streaming, our website and user interfaces, and all content and software associated therewith (the “Goodnight Academy service” or “service”). By using, visiting, or browsing the Goodnight Academy service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Goodnight Academy service, including our website and user interfaces.

    These Terms of Use govern your use of the Goodnight Academy service and you should read them carefully. The Goodnight Academy service is provided by Goodnight Training Stables, Inc., a corporation registered in the state of Colorado.

     

    Changes to Terms of Use

    Goodnight Academy reserves the right, from time to time, with or without notice to you, to change these Terms of Use, including the Privacy Policy and EULA, in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on “Terms of Use” located at the bottom of the pages of the Goodnight Academy website. The most current version of the Terms of Use will supersede all previous versions.

     

    Privacy and Communications Preferences

    Any personally identifying information submitted through the Goodnight Academy service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By using our service, you are consenting to receive certain communications from us. For example, Goodnight Academy may send you newsletters about new Goodnight Academy features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply click on the unsubscribe link in our email communications. Please review our Privacy Policy for further detail on our marketing communications. You can also find the unsubscribe instructions there.

    By using the Goodnight Academy service, you consent to receiving electronic communications from Goodnight Academy. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Goodnight Academy and you receive them as part of the Goodnight Academy membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

     

    Membership and Billing

    You can find the specific details regarding your membership with Goodnight Academy at any time by logging into your account on the home page of our website; http://signin.juliegoodnight.com.

    • Free Trials

    Your Goodnight Academy membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. You must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”), to use our service. If you or another member of your household has been a Goodnight Academy member within the last 12 months, or if your Payment Method, physical address or email address have been associated with a Goodnight Academy membership, or if you are streaming from a Goodnight Academy ready device that has been previously activated on a different Goodnight Academy account, you are not eligible to receive a free trial.

    We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. Your Payment Method will be authorized for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE “JOIN NOW” LINK AT THE TOP OF ANY GOODNIGHT ACADEMY WEB PAGE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods.

    We may offer a number of membership plans, including special promotional plans or memberships with different limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly, annual or annually refers to your billing cycle (See “Billing” below).

    • Billing

    By starting your Goodnight Academy membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Goodnight Academy service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you started your Goodnight Academy membership or became a paying member on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. If Payment Method fails our system will automatically cancel your membership, your service will terminate immediately and you will not have access to view videos. To reactivate your service, you must re-register with a new account. Please contact our office at 800-225-8827 if you have any questions about billing.

    If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by logging into your PayPal account. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

     

    Ongoing Membership

    Your Goodnight Academy membership, which may start with a free trial portion, will continue month- to-month or year-to-year unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month or each year, in order to avoid billing of the next month’s or year’s membership fees to your Payment Method. We will bill the monthly or annual membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

    • Cancellation

    You may cancel your Goodnight Academy membership at any time. If you choose to cancel a monthly subscription, your membership will end as soon as you hit “Unsubscribe”. If you’d like to get the full time out of your monthly membership, be sure to cancel just before the scheduled recurring payment so as not to lose any video watching time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL YEAR MEMBERSHIP PERIODS OR UNWATCHED TV SHOWS. To cancel, visit our website and go to the JOIN NOW page and click on the UNSUBSCRIBE button at the bottom of that page or log into your PayPal account and unsubscribe from your paid subscription. Please contact our office at 800-225-8827 if you have any questions about cancellations.

     

    Right to Terminate

    We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

     

    How Our Streaming Service Works

    Goodnight Academy is an online subscription service providing its members with access to Horse Master videos streaming over the Internet to Goodnight Academy ready devices. These devices are manufactured and sold by entities other than Goodnight Academy.

    We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

    Availability. The availability of videos to instantly watch will change from time to time, and from country to country. The quality of the display of the streaming videos shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Goodnight Academy streams a little bit of data as a buffer each time you start a video. Frequently starting and stopping videos will result in a minor increase to the amount of data Goodnight Academy streams to you per hour. In most cases this will be less than a few minutes worth. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Goodnight Academy makes no representations or warranties about the quality of your instant watching experience on your display.

    Start Time: The time it takes to begin watching a video will vary based on a number of factors, including your location, available bandwidth at the time, the videos you have selected and the configuration of your Goodnight Academy ready device.

    Personal Computer Requirements and Device Limitations: To enjoy watching instantly via your personal computer, your equipment must satisfy certain system requirements. The number of devices and concurrent streams may change without notice to you. For certain limited membership plans in the United States, your available Goodnight Academy ready device may be limited to personal computers. System requirements include at least Windows XP, Vista or Windows 7 or any current browser with video playback software. Cookies maybe downloaded to help with remembering Login Information but not necessary or required by our website.

    END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE GOODNIGHT ACADEMY SERVICE END USER LICENSE AGREEMENT FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE GOODNIGHT ACADEMY AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.

    We do not warrant that any of the software used and or licensed in connection with our service will be compatible with other third party software nor do we warrant that operation of our service and the associated software will not damage or disrupt other software or hardware. In addition, Goodnight Academy ready devices are manufactured and sold by entities other than Goodnight Academy. A Goodnight Academy ready device is any electronics equipment that is authorized to decode and capable of decoding videos that are transmitted over the Internet by Goodnight Academy. These devices may include computers, mobile devices and other devices. AS SUCH, WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Goodnight Academy service. Any issues related to our service, including any system requirements, are covered and limited by these Terms of Use. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use.

     

    Features & Functionality

    • Member Review Comments of Material

    We permit you to post comment reviews of videos available through the Goodnight Academy service. We reserve the right to reject, remove or edit such content at anytime without notice. Comment Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the video’s creative personnel; misleading information regarding the origin of the content; or a discussion of Goodnight Academy policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.

    WHEN YOU HAVE SUBMITTED A REVIEW, WE WILL DISPLAY YOUR RATING OF VIDEOS. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF A VIDEO, TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF, AND VISITORS TO, THE GOODNIGHT ACADEMY SERVICE. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE COMMENT FEATURE.

    Use of the Reviews feature is for your personal, non-commercial use and is at your own option and risk. The Reviews feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.

    • Passwords

    The member who created the Goodnight Academy account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Goodnight Academy account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Goodnight Academy Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account.

    BY SHARING THE GOODNIGHT ACADEMY SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.

    • Feeds

    Members from certain countries may have access to RSS feeds as a convenient way to pass information about your Goodnight Academy account or that is publicly available on the Goodnight Academy site to your RSS reader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. Goodnight Academy may also choose, at any time, to provide feeds in other formats, such as Atom. All use of the RSS and other feeds (“Feeds”), including obtaining a Feed from the Goodnight Academy website or receiving it into an application or website or displaying the content received from such Feeds, is at your own option and risk, and is covered by the Terms of Use for the Goodnight Academy Feeds. By using the Goodnight Academy Feeds, you agree to be bound by the Terms of Use for Goodnight Academy Feeds. In particular, you acknowledge and agree that you are consenting to the information about your account being transferred to the location of the Feed as enabled by you and that your use of a Feed may cause personally identifying information to be associated with you, even if such information is not provided by the Feed.

     

    Applications

    You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the Goodnight Academy service. These Applications may import data related to your Goodnight Academy account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Goodnight Academy is not responsible for and does not endorse the content of such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY GOODNIGHT ACADEMY AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. Some of these Applications may even use Goodnight Academy trademarks. Unless otherwise noted by Goodnight Academy on the Goodnight Academy website, Goodnight Academy is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. If you choose, at your sole and absolute discretion and risk, to use an Application, such Application may interact with, connect to or gather and/or pull information from and to your Goodnight Academy account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Goodnight Academy account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Goodnight Academy has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold Goodnight Academy harmless for the sharing of information relating to your Goodnight Academy account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your Goodnight Academy account information with, through or by any other means identified on an Application. In addition, the Application’s end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. It is possible that you may be able to revoke an Application’s access to your Goodnight Academy account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not Goodnight Academy, unless otherwise indicated by Goodnight Academy. GOODNIGHT ACADEMY DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

     

    Account Access; Identity Protection

    In order to provide you with ease of access to your account and to help administer the Goodnight Academy service, Goodnight Academy implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Goodnight Academy service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

    You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your Goodnight Academy ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions.

    If you find that you’re a victim of identity theft and it involves a Goodnight Academy account, you should notify Customer Service. Goodnight Academy reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Goodnight Academy is not obligated to credit or discount a membership for holds placed on the account by either a representative of Goodnight Academy or by the automated processes of Goodnight Academy.

     

    Disclaimers of Warranties and Limitations on Liability

    THE GOODNIGHT ACADEMY SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE GOODNIGHT ACADEMY SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE GOODNIGHT ACADEMY SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. GOODNIGHT ACADEMY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE GOODNIGHT ACADEMY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT GOODNIGHT ACADEMY MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE GOODNIGHT ACADEMY SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. GOODNIGHT ACADEMY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, GOODNIGHT ACADEMY READY DEVICES, AND GOODNIGHT ACADEMY SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Goodnight Academy service or on the Goodnight Academy website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Goodnight Academy service and/or website or user interfaces, (iv) delivery and or display of any content contained on the Goodnight Academy website, user interfaces, or otherwise through the Goodnight Academy service; and (vii) any losses or damages arising from the use of the content provided on the Goodnight Academy website, user interfaces, or otherwise through the Goodnight Academy service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, optical media discs or any conduct by users of the Goodnight Academy service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on videos from the Goodnight Academy service or the descriptions of any videos content contained on our website and user interfaces. We do not represent or guarantee that your use of the Goodnight Academy service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Goodnight Academy or its affiliated parties.

    IN NO EVENT SHALL GOODNIGHT ACADEMY, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE GOODNIGHT ACADEMY SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE GOODNIGHT ACADEMY SERVICE, INCLUDING ANY OPTICAL MEDIA DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE GOODNIGHT ACADEMY SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH’S MEMBERSHIP FEE OR ANNUAL FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY OR THE EULA, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

    GOODNIGHT ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING GOODNIGHT ACADEMY READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service. Click here to view the Goodnight Academy End User License Agreement.

     

    Intellectual Property

    • Copyright

    The Goodnight Academy service, including all content included on the Goodnight Academy website and user interfaces, or delivered to members as part of the service, including, but not limited to, videos you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Goodnight Academy or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Goodnight Academy on our website and user interfaces, or in connection with the Goodnight Academy service are the exclusive property of Goodnight Academy and its licensors and are protected by the copyright and trade secret laws in the territories in which the Goodnight Academy service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from Goodnight Academy or its licensors. You agree to adhere to the restrictions set forth under “Goodnight Academy streaming software” and “Limitations on Use.” You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Goodnight Academy service, not to insert any code or product or manipulate the content of the Goodnight Academy service in any way, and not to use any data mining, data gathering or extraction method. Goodnight Academy reserves the right to terminate your membership hereunder if Goodnight Academy, in its sole and absolute discretion, believes that you are in violation of Goodnight Academy software restrictions, restrictions against copying videos provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of Goodnight Academy and its licensors. Goodnight Academy does not promote, foster or condone the copying of videos or any other infringing activity. The use of the Goodnight Academy service, including videos made available to you by us, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the Goodnight Academy service, including any on the Goodnight Academy website and user interfaces.

    • Trademarks

    The Goodnight Academy website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Goodnight Training Stables, Inc. The trademarks, service marks and trade dress of Goodnight Academy may not be used or reproduced without prior written approval from Goodnight Academy and may not be used in connection with any product or service that is not affiliated with Goodnight Academy, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Goodnight Academy, or in any manner that disparages or discredits Goodnight Academy. Other trademarks that appear on the Goodnight Academy website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Goodnight Academy. Any images of persons or personalities contained on the Goodnight Academy website and user interfaces are not an indication or endorsement of Goodnight Academy or any particular product or our service unless otherwise indicated.]

     

    Entertainment and Service Content

    We distribute educational horse training videos and we reserve the right to display and promote the videos or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the Goodnight Academy service allows you and other third parties to post reviews or comments concerning the videos distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Goodnight Academy service are those of the respective authors or producers and not of Goodnight Academy, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Goodnight Academy, or its shareholders, directors, officers, directors, or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the Goodnight Academy service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Goodnight Academy service.

     

    Use of Information Submitted

    Goodnight Academy is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Goodnight Academy service, including the Goodnight Academy website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Goodnight Academy service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

    Please note Goodnight Academy does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Goodnight Academy. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Goodnight Academy and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

     

    Service Testing

    From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of videos, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

     

    Customer Service

    If you need assistance with your account, you may reach Customer Service at any time here, where you will be able to send us an email with your questions or comments.

    In certain instances, Customer Service may best be able to assist you by using a remote access support tool, which will enable us to interact directly with your account. We provide such support service only with your permission and in your presence (via phone and Internet connection). During the time we are providing you with remote access support service, we have full access to your desktop. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will do our best to assist you through other means. The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to the use of Customer Service, including any remote desktop access tool.

     

    Your Conduct in Accessing the Goodnight Academy Service

    By accessing the Goodnight Academy service, including the Goodnight Academy website and user interfaces, you agree to use the Goodnight Academy service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Goodnight Academy service. You also agree not to interfere with the servers or networks connected to any portions of the Goodnight Academy service or to violate any of the procedures, policies or regulations of networks connected to the Goodnight Academy service. You also agree not to impersonate any other person while using the Goodnight Academy service, conduct yourself in a vulgar or offensive manner while using the Goodnight Academy service, or use the Goodnight Academy service for any unlawful purpose.

     

    Limitations on Use

    You must be 18 years of age or older to become a member of the Goodnight Academy service. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use. While Goodnight Academy does distribute products that may be watched by children, the Goodnight Academy service is not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian (see also “Parental Controls”). Unless otherwise specified, the Goodnight Academy service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non transferable, license to access the Goodnight Academy service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Goodnight Academy service, without our express written consent. Goodnight Academy does not promote, foster or condone the copying of videos, digitally delivered content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Goodnight Academy service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Goodnight Academy without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the Goodnight Academy name or trademarks without our express written consent. Any unauthorized use of the Goodnight Academy service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.

    Links and Pages

    Some of the hyperlinks on the Goodnight Academy website may lead to other websites or other content that are not controlled by, or affiliated with, Goodnight Academy. In addition, other websites may link to the Goodnight Academy website or Goodnight Academy may include links to the websites of businesses, including those that have associations with us through certain programs. For example, Goodnight Academy may include pages that display and provide information on Applications, Goodnight Academy ready devices or other products. These pages may provide links to third party sites where Goodnight Academy members may obtain or purchase such Applications and devices. Goodnight Academy has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that Goodnight Academy is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and devices. These linked websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. You should also refer to the section of these terms titled “Applications” and “How Our Streaming Service Work.”

     

    Gifts & Promotions

    Promotional codes may be redeemed on our website. Promotional code can only be used once and cannot be redeemed for cash, resold or combined with any other offers, including free trial. A valid Payment Method may be required when you redeem the promotion code; however, you will not be charged a membership fee during your complimentary membership period. Goodnight Academy will begin to bill your Payment Method for the membership plan you are on at the end of your complimentary membership period unless you cancel prior to the end of that period.

     

    Claims of Copyright Infringement

    It is the policy of Goodnight Academy to respect the intellectual property rights of others. Goodnight Academy does not condone the unauthorized reproduction or distribution of videos, or other copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Goodnight Academy service, please notify us.

    Governing Law

    These Terms of Use shall be governed by and construed in accordance with the laws of the state of Colorado, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

     

    Arbitration Agreement

    You and Goodnight Academy agree that any dispute, claim or controversy arising out of or relating in any way to the Goodnight Academy service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Goodnight Academy are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Goodnight Academy membership.

    If you elect to seek arbitration, you must first send to Goodnight Academy, by certified mail, a written Notice of your claim (“Notice”). The Notice to Goodnight Academy should be addressed to: GTS, Inc., PO Box 397, Poncha Springs, Colorado 81242 (“Notice Address”). If Goodnight Academy elects to seek arbitration, it will send, by certified mail, a written Notice to the address used for your membership account. A Notice, whether sent by you or by Goodnight Academy, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Goodnight Academy and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Goodnight Academy may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Goodnight Academy or you shall not be disclosed to the arbitrator.=The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Goodnight Academy and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Goodnight Academy’s last written settlement offer made before an arbitrator was selected (or if Goodnight Academy did not make a settlement offer before an arbitrator was selected), then Goodnight Academy will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

    YOU AND GOODNIGHT ACADEMY 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. Further, unless both you and Goodnight Academy agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

     

    Effective Date: August 15, 2012