**TERMS OF USE**
Last Updated: Friday November 17 2023
**OVERVIEW**
The terms "we" "us" and "our" refer to Hatherly LLC. The terms "website" and "site" refer to this website: [hatherlyllc.com](http://hatherlyllc.com/) and hatherhorsesales.com. The terms "user" "users" "you" and "your" refer to visitors and customers/clients of this website. The terms "Service" or "Product" refers to the educational and informational content contained on this site, as well as general information about our services and products offered.
Thank you for visiting our website. The Terms of Use ("Agreement") is a legally binding agreement and applies to all users of our website and/or services. Continued use of this website is an acknowledgement of our Terms of Use and constitutes acceptance of the Agreement. Use of this website also represents that you have the right and capacity to enter into this Agreement. **If you are not accepting this Agreement or do not have the right, authority or capacity to enter into the Agreement, do not use this website.**
**USE OF SITE**
Children under 18 years of age are prohibited from using this website. By using this site you represent that you are 18 years of age or older, and have the capacity and authority to enter into this agreement.
**LAWFUL PURPOSES**
This site is to be used for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through this site. You agree to use this site for legitimate, non-commercial purposes only. You agree to not post or transmit any material through this website or via email that violates or infringes the rights of us or others, or any material that is threatening, abusive, obscene, defamatory, libelous, invasive of privacy rights, incites criminal conduct or gives rise to civil liability, or otherwise violates any law.
**GUARANTEES AND WARRANTIES**
Hatherly LLC does not guarantee any results from using this content and it is for educational purposes only, and to share general information about horse training and sales and about us. Information provided on this website is subject to change. We try to provide up-to-date and accurate information but we do not make any representations that the information provided on this site, whether for free or for purchase, or any third party site linked through the website is always accurate, free from errors or omissions, current or reliable. The website and any purchase made from this site is provided “AS IS” and without any warranty of any kind, express or implied, including an implied warranty of fitness for a particular purpose, merchantability, title, and non-infringement.
Hatherly LLC does not guarantee any outcome based on your use of this website. Past results in other instances do not guarantee a similar outcome. No representations or warranties are made as to the accuracy or completeness of the site and use is at your own risk.
**LIMITATION OF LIABILITY:**
Hatherly LLC will not be liable for any direct, indirect, incidental, consequential or other damages arising out of or relating to your use of this website or services, loss of use, loss of data, website attacks including computer virus or hacking of any kind, third-party claims, or any misuse of information, services or products. We are not liable to you or any third party for any injury, loss or damages of any kind, whether the liability arises out of breach of contract, tort, negligence, warranty or otherwise, even if the other party has been advised of the possibility of such damages.
**DISCLAIMERS**
Statements made regarding competition outcomes is not a guarantee that you will have the same results. You acknowledge and agree that we cannot guarantee your future results or success should you train with Hatherly LLC. Your success is based on your own actions and not on the website or services. You acknowledge and agree that we are not liable for your success or results.
The testimonials and opinions displayed on our website apply to the individual who wrote it. Results vary and the success of some does not guarantee the same or similar results from others. Our testimonials are provided on a voluntary basis. We did not pay for these testimonials, they were not given in exchange for free services or product or any other benefit. [edit this as necessary] The testimonials on our website illustrate the typical experiences of our clients; however, we acknowledge that results are individual and can vary.
This website contains “affiliate links.” If you click on a link and purchase the item we receive an affiliate commission; however, we want to make it clear that we only recommend products or services that we believe will be beneficial to you. If an affiliate link is posted, it will be disclosed to you on the same page. We disclose this information in accordance with the [Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising](https://www.ftc.gov/sites/default/files/documents/one-stops/advertisement-endorsements/091005revisedendorsementguides.pdf).”
We are compensated (or given products for free) to provide our opinion on products, services, etc. Regardless of if a post is sponsored or not we always give our honest opinion and experience with the product or service. Opinions expressed on our website are our own.
**INTELLECTUAL PROPERTY AND LICENSE RESTRICTION**
This site and any service provided contains intellectual property owned by Hatherly LLC. This site may contain intellectual property from third parties, with license to us for use on this site. You agree not to modify, reproduce, transfer, sell, create derivative works from, or distribute in any manner any of the content or intellectual property, ours or that of a third party, without prior written consent. Any violation of this policy will result in access to this site and/or product being revoked, without refund.
Any product or service downloaded from this website is not a transfer of ownership rights and is only granting you a limited, revocable, non-exclusive, non-transferable license to use the Product for the individual purposes intended: for your personal use. This does not grant you a license to sell, rent, copy, create derivative works from, share or otherwise transmit or disseminate the Product or any materials provided in connection with the Product, with anyone else for commercial or non-commercial use.
Any violation by you of the license provisions contained herein may result in immediate termination of your license to use this site, products or services.
**MODIFICATION OF THIS AGREEMENT**
These terms may be amended at any time and are effective immediately. The effective date is listed below and it is your responsibility to check this site periodically for any updates to this site. We reserve the right to update these terms.
**SEVERABILITY**
If any provision of this Agreement 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 remain in full force and effect.
**ASSIGNMENT**
This agreement is not assignable or otherwise transferable by you, and any such attempt to transfer, assign, delegate or sub-license is not valid.
**INDEMNIFICATION**
You agree to indemnify and hold us harmless, including costs and attorneys’ fees, from any injury, damage or loss of any kind arising out of your use or misuse of this site, any product or service, or your violation of this Agreement.
**WAIVER**
You agree that the failure of Hatherly LLC to enforce any provision of this Agreement shall not be deemed a waiver of our rights under this Agreement to subsequently enforce any provision of this Agreement.
**GOVERNING LAW**
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Any dispute arising out of or related to this Agreement or your use of this site shall be construed with and governed by the laws of the State of Florida and shall be resolved exclusively by courts in Palm Beach Country, Florida, applying Florida law, to the exclusion of all other courts of any jurisdiction in any other state or country. You agree to waive any objections as to personal jurisdiction or venue and as to any claimed inconvenience of the chosen forum.
**ENTIRE AGREEMENT**
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You agree that this Agreement contains the entire agreement between you and Hatherly LLC pertaining to this site. No other agreement, statement, or promise made prior to this Agreement will supersede this pertaining to this site.
**HEADINGS**
All headings are included for convenience purposes only and bear no impact on the construction of any terms of this provision.