Your use of the Website is at your sole risk. The content and information posted on the Website is provided to you “as is” without warranties or representations of any kind. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Website to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness, or availability of the content and information posted on the Website. We make no warranties or representations that your use of content and information posted on this Website will not infringe rights of third parties.
Any material or software downloaded by you from the Website is done at your own discretion and risk, and we will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material.
The Website may provide you with links or other access to other websites, services, products or content of third parties. We have no control over, nor do we endorse, any such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same.
General Limitation. Any liability on our part for damages or injury due to or in connection with accessing and/or making use of the Website is excluded to the broadest extent permitted by law. Under no circumstances shall we have any liability for any incidental, indirect or consequential damages, loss of profit, anticipated savings, loss of data, business interruption, loss of goodwill, claims of third parties, delay damage or punitive damages that result from the use of, or inability to use, the materials on the Website, even if there is negligence or we (or one of our authorized representatives) have been advised of the possibility of such damages, or both. In addition, you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You acknowledge that Vista Caballo is not providing any licensed therapy services, licensed counseling services, health care services, medical and/or financial advice to me. You further understand that the services offered by Vista Caballo, are not designed nor intended to be any form of psychological or mental counseling or therapy, including psychotherapy. You agree that Vista Caballo shall have no liability for any mental or psychological condition that may arise or manifest itself before, during, or after my participation in the activities offered by Vista Caballo or my use of Vista Caballo’s equipment, animals or facilities. You agree that Vista Caballo shall have no liability for the occurrence or exacerbation of any mental or psychological condition, whether disclosed or undisclosed. In addition, you agree to assume any and all liability, including, without limitation, any direct or indirect outcomes associated with the services and process of Vista Caballo, LLC for you, and if applicable, for my teams/family.
THE VISTA CABALLO SITE IS CONTINUALLY UNDER DEVELOPMENT AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON OUR SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
Vista Caballo LLC
Email: copyright at vistacaballo dot com
As between you and us, you own all content that you submit to us, whether directly via the our Site or indirectly (for example, via social media). However, you understand that by posting a submission to us, you grant us and our affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content.
You further grant all users of the Site or Social Media permission to view your content for their personal, non-commercial purposes. If you make suggestions to us on improving or adding new features to our Site or Social Media content, we shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to us and grant the licenses set forth above; (ii) we will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
In using the Site or Social Media, you agree to behave in a civil and respectful manner. We reserve the right, in our sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms. You agree not to use the Website for illegal purposes (including, without limitation, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws, rules and regulations related to your use of the Site.
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that infringes any third party’s copyrights or other rights; contains sexually explicit content or pornography; contains hateful, defamatory, or discriminatory content; harasses or intimidates another; exploits minors; depicts unlawful acts or violence; contains video, audio photographs, or images of another person without his/her permission; contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; contains deceptive or false information; contains “spam”.
In addition, it is strictly prohibited to “frame” or “mirror” any part of the Site; use meta tags or code or other devices containing any reference to us, our Site or our services (or any trademark, trade name, service mark, logo or slogan of ours) to direct any person to any other website for any purpose; modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software or materials used on or for the services or the Site, or cause others to do so; post, use, transmit or distribute, directly or indirectly, in any manner or media any content or information obtained from the Site other than solely in connection with your use of the Site in accordance with these Terms; collect information about others; advertise or solicit others to purchase any product or service within the Site; promote fraudulent schemes; Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and/or participate in any activity that in any way violates any law.
We have the right, but not the obligation, to monitor all conduct on and content submitted to the Site. We reserve the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes. We further reserve the right, in our sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site and terminating or suspending the account of such violators. You agree that we may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of our Company or any other person.
We respect the intellectual property of others, and we ask our users to do the same. We will promptly remove materials from the Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. We will respond as quickly as practical to claims that infringing material appears on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please contact our Copyright Agent as follows:
Vista Caballo LLC
Email: copyright at vistacaballo dot com
We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict the Site, your account/profile, your ability to access, visit and/or use the Site or any portion thereof, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice.
Even if your ability to access, visit and/or use the Site is terminated, discontinued, suspended or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any Content, and therefore copies of all information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Site, may be retained and/or remain viewable by us, third party providers and/or other third parties, including other users. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Site. All provisions of these Terms of Service shall survive termination or expiration.
We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. If you have questions or comments for us, please send them to:
Vista Caballo LLC
Email: subscriptions at vistacaballo dot com
Use of this Site is also governed by, and subject to, the legal notices contained at https://vistacaballo.com/legal-notice/. Your use, or access, of the Site constitutes your agreement to be bound by these provisions. If you do not agree to these terms and conditions you may not access or otherwise use the Site.
When using the Site and/or services, we may collect, use, share, store, and transfer the following categories of personal information about you, which you may voluntarily provide to us:
When using the Site and/or services, we may automatically collect, use, share, store, and transfer the following categories of personal information about you:
We use your information in the following ways:
Except as expressly set out in this policy, we will not sell, distribute or lease your personal information to third parties unless we have your explicit consent or are required by law to do so. However, as an essential part of our provision of services to you, we share your information with the following categories of affiliates:
Our third party service providers may be located or use affiliate providers in countries outside the European Economic Area (“EEA”). In addition, information may be processed by third party staff operating outside the EEA. Upon information of this event, we will impose obligations on the recipients of that data to protect your information to the standard required in the EEA or otherwise require the recipient to subscribe to international policies and frameworks intended to enable secure data sharing. In the case of transfer by us, we will put in place appropriate safeguards to ensure that your information remains adequately protected.
If you do not wish to receive future marketing or other commercial messages from us, simply follow the unsubscribe instructions contained within the message you receive. Please note that you may continue to receive certain communications from us that are necessary for the services, such as event notifications, invoices, technical notices, updates, security alerts, and support and administrative service notices.
We are committed to ensuring that your information is secure. To this end we continuously implement and update administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. In addition, all payment transactions are encrypted. We use TLS 1.2 channels to encrypt your credit card information when you process payments through our Site. For your added security all online payment transactions are processed automatically by Stripe, and we are not party to your personal credit card or bank details. If you know or have reason to believe that your account has been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your account, please contact us at accounts at vistacaballo dot com.
Because no data transmission is completely secure, and no system of physical or electronic security is impenetrable, we cannot guarantee the security of the data that you send to us or the security of servers, networks or databases, and by using the Site and/or our services you agree to assume all risk in connection with your data. We are not responsible for any loss of such data or the consequences thereof.
In the event that we believe the security of your data in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you by e-mail, telephone call or other reasonable means.
Our Site and services may collect, disclose, use, and store Personal Health Information (“PHI”) that you submit to your healthcare provider or that your healthcare provider submits to us. Our collection, disclosure, use, and storage of PHI, is governed by HIPAA.
In registering for our services, you may voluntarily provide us with PHI. We will only use and disclose your PHI to provide services to you. The exceptions are that we may use and disclose your PHI (i) for our internal management and administration; (ii) to carry out our legal obligations; and (iii) to perform data aggregation services for your healthcare provider and/or to enhance our services; provided that, any disclosures for our internal management and administration or to carry out our legal obligations are either required by law or made after we obtain reasonable assurances from the party to whom the PHI is disclosed that such PHI will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to such party.
Subject to certain exceptions, HIPAA establishes rights with respect to your PHI. These rights generally include the right to restrict the uses and disclosures of your PHI, the right to access and receive a copy of your PHI, the right to amend your PHI, and the right to receive an accounting of the disclosures of your PHI. If you wish to exercise any of these rights, please contact our Data Protection Officer at dpo at vistacaballo dot com.
Please note that if you have used our Site and services to share personal information with another user or third-party, you may not be entitled to access, update, or delete the information that you shared.
This Site is not intended for users under the age of 18, and we have no intention of collecting Personal Information from children (i.e., individuals under the age of 18). Where appropriate, we take reasonable measures to inform children not to submit such information to our site or in response to advertisements. If a child has provided us with personally identifiable information, we will use all reasonable efforts to delete such information from our database.
Pursuant to Civil Code Section 1798.83, California customers have the right to prevent our disclosure of their personal information to third parties for those third parties’ direct marketing purposes and requires certain businesses to respond to requests from California customers asking about the business’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. If you wish to opt-out of our sharing of your data with third parties for the third parties’ direct marketing purposes or to find out more about your opt-out rights, please contact our Data Protection Officer at dpo at vistacaballo dot com with the subject line “CA Privacy Rights”.
Pursuant to California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814. As a resident of California, you may request that we not share your information with certain affiliates or third party providers for marketing purposes, and/or you may inquire as to how we have shared your information with third parties providers for marketing purposes. In connection with such request, we will identify the types of information shared and provide you with the names and addresses of the third parties with whom the information was shared. In this regard, please contact our Data Protection Officer at dpo at vistacaballo dot com with the subject line “CA Privacy Rights”.
Under General Data Protection Regulation (“GDPR”), EU residents have specific rights in certain circumstances. This section details your rights pursuant to the GDPR.
For the purposes of the GDPR, the Data Controller is Vista Caballo LLC, registered in the state of Colorado, USA with a registered agent address atNewbold Chapman & Geyer PC
You can contact our Data Protection Officer by sending an email to dpo at vistacaballo dot com or by writing to the below address with the subject line “EU Privacy Rights”:Vista Caballo LLC
At any time, you have the below rights to your personal information. You may exercise these rights by logging in to your account or by emailing our Data Protection Officer at dpo at vistacaballo dot com with the subject line “EU Privacy Rights”. We may ask for further information to identify you and ensure the personal data relates to the individual making the request. We will respond within one month of receiving the information we require to carry out your request.
We only collect and process personal information where we have a legal basis for such collection and processing. These legal bases are as follows:
By providing your email address to us, you expressly consent to receive emails from us. We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us, provided that, we will not sell or give your email address to another party to promote their products or services directly to you. We give you the option to unsubscribe from these communications from us. All unsubscribe or opt-out requests should be sent to us at subscriptions at vistacaballo dot com.
Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly covered by this policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
Revised: July 3, 2018
A cookie is a small file that is placed onto your device and that is managed by your browser. The purpose of a cookie is to tell the web server that you have arrived for the first time or returned to a particular page and enable our Site and/or Services to function.
We and/or our third-party service providers may automatically collect Technical Information about your equipment, browsing actions and patterns. We collect this information by using cookies, server logs and other similar technologies. We may also receive Technical Information about you if you visit other websites employing our cookies. Our Site may pass a “cookie” to be resident on your system’s hard drive and/or in your computer’s memory blocks. We also anonymize and aggregate the technical information in order to analyze vertical channel partner-initiated marketing and advertising initiatives.
In general, we use two types of cookies: persistent and session. A persistent cookie helps us recognize you as a registered user. After you sign in, a persistent cookie stays in your browser and will be read by our site when you return to the site on the same device. Session cookies only last for as long as the session (usually the current visit to a site or a browser session). Specifically, we use the following categories of cookies:
These cookies are required for site functionality for registered users and records generic details such as your browser session.
We use services from Google Analytics to record page views, navigation paths and other generic details of your visit so that we may improve the way our website operates. You can opt-out of being tracked by Google Analytics across the web by installing the browser plugin available from: https://tools.google.com/dlpage/gaoptout
These are cookies that record minor details of your interaction with our Site such as your location, preferences, and profile and whether you have reached our website from one of our channel partner-initiated marketing and advertising initiatives. While not strictly necessary for the proper function of the website, these cookies assist in tailoring the user experience to your requirements.
We have also integrated Social Media tools for services such as Twitter, YouTube, Google+, Facebook, LinkedIn, and Instagram into our Site to allow our users to share stories and pages of the website with their friends. Each of these third-party services utilizes cookies to provide data and services to their network of channel partners and to record whether you are logged into their service and the interactions that you undertake while browsing our Site.
Cookies combined with ad technology such as web beacons, pixels, and anonymous ad network tags help us collect aggregated auditing, research, and reporting for advertisers. Pixels, which are invisible tags placed on our websites, help us understand and improve our service and know when advertised content has been shown to you.
You can opt-out of Google Analytics for Display Advertising and customize Google’s Display Network ads using Google’s Ad Settings. You can opt-out of Google Analytics by using Google Analytics Opt-out Browser Add-on.
You can opt out of being targeted by certain third party advertising companies online by visiting the Network Advertising Initiative, Adobe, and/or Digital Advertising Alliance.
Most browsers automatically offer a Do Not Track (DNT) signal to websites and online services that you visit. How this affects your other choices in tailoring information you wish to receive from sites in not standardized and there is no consensus among industry participants as to what DNT means in this context. As a result, like many websites and online services, we do not alter our practices when the Site receives a DNT signal from a visitor’s browser. To find out more about DNT, please visit https://allaboutdnt.com/.
Revised: July 3, 2018