Digital Stable | Equine Register

TERMS OF WEBSITE USE, DATA SERVICES & ACCEPTABLE USE POLICY

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AND OUR SERVICES

This terms of website use and acceptable use policy (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.equineregister.us or mobile application Digital Stable (our “site”), whether as a guest or as a registered user of our data services which we supply to you (collectively our “services”). Use of our site includes accessing, browsing, or registering to use our site and services on the Digital Stable.

Please read these terms of use carefully before you start to use our services, as these terms will apply to your use of our services. By using our services, you accept and agree to be bound by and comply with these terms of use and the Additional Terms (below) which are incorporated herein by reference.

If we agree with you in writing in advance that you are testing any part of our services or our site at whatever stage of development or in whatever version or release, you also accept these terms and that you agree to comply with them subject to certain qualifications (see section Testing and Quality Assurance, below).

If you do not agree to these terms of use, you must not use our services.

(“You” refers to a user of our services. A user may refer to a natural person or legal person or organization).

This site is offered and available to users who are eighteen years of age or older and reside in the United States or any of its territories or possessions. By using this site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the site.

OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms (“Additional Terms”), which also apply to your use of our services:

Our Privacy Policy /user/privacy, which sets out the terms on which we process any personal information we collect from or about you, or that you provide to us. By using our services, you consent to such processing and you warrant that all personal information provided by you to us is accurate.
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our services. When using our services, you must comply with this Acceptable Use Policy.

These terms of use, our Privacy Policy, our Acceptable Use Policy, and, to the extent you have a registered account with us, our Terms of Service constitute the sole and entire agreement between you and us regarding the site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the site.

INFORMATION ABOUT US

Equineregister.us and Digital Stable are operated by Equine Register US Inc.("We").

CHANGES TO THESE TERMS

We may revise these terms of use including the other applicable terms referred to above, at any time, by amending this page. All changes are effective immediately when we post them and apply to all access to and use of the site afterwards. We will make reasonable efforts of bringing such changes to your attention, either by posting a prominent notice on our site or while you use our services, or by informing you in writing by email. Please check this page from time to time to take notice of any changes we made, as they are binding on you if you continue to use our services after the changes are made. Where required by law, we will make reasonable efforts to provide at least 30 days’ notice prior to any material revisions taking effect. What constitutes a material change will be determined at our sole discretion.

CHANGES TO OUR SITE AND SERVICES

We may update our site and services (and the functionality within our services) from time to time, and we may change the content of our site at any time. However, please note that any of the content on our site may be out of date at any given time, and whilst we make reasonable efforts to update out of date content we are under no obligation to update it if we cannot obtain up to date data for any reason.

We do not guarantee that our site, or any content on it, or our services, will be free from errors or omissions.

ACCESSING OUR SITE AND SERVICES

Some content on our site and some of our services are made available free of charge.

Some of our services are offered on a fee charging basis. For information about our fees and payment terms please contact us at info@equineregister.ca

Given the nature of the internet and of public communication networks, we do not guarantee that our site or any content on it, or our services, will always be available to you or be uninterrupted.

Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site or service without notice. We will not be liable to you if for any reason our site and/or services are unavailable at any time or for any period for any reason (more on our liability in the section Limitation on our liability, below).

You are responsible for making all arrangements necessary for you to have access to our site and our services.

You are also responsible for ensuring that all persons who access our site through your internet connection, or who are part of your organization or work for you, are aware of these terms of use and all other applicable terms and conditions, and that they comply with them.

Our site and services are directed at users who are resident or have their registered office or main place of business in the United States. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United States, you do so at your own risk.

YOUR ACCOUNT AND PASSWORD

To access the site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the site that all the information you provide on the site is correct, current, and complete. You agree that all information you provide to register with this site or otherwise, including, but not limited to, through the use of any interactive features on the site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you are a registered user, you (and/or others within your organization) are provided with one or more user identification code(s) and password(s) as part of our security procedures. You must treat such information as confidential. You must not disclose this information to any third party (or anyone outside your organization or who does not work for you) without first obtaining our written consent.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or breached the terms of our Acceptable Use Policy.

You agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You also agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. If you know or suspect that anyone other than you knows your user identification code or password, you must immediately notify us at info@equineregister.ca. By using our site or our services, you agree to indemnify us, and disclaim our responsibility for, any actions, proceedings, claims, liabilities, damages and reasonable expenses (including legal expenses) relating to or arising from (i) access or use, by you or permitted by you, of our site or your account, or (ii) any of your acts or omissions, including breach or non-performance of these terms of use or our Acceptable Use Policy, and any violation of any third party rights.

INTELLECTUAL PROPERTY RIGHTS AND INFRINGEMENT

We are the owner or the licensee of all intellectual property rights in our site, our services and in all material, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and content published on or available through our site or our services (including the content and data which we offer as part of our services) (collectively referred to as “works”). Those works are protected by United States and international copyright laws and other laws which protect additional types of intellectual property rights. All such rights are reserved by us and, if applicable, our licensors.

These terms permit you to use the site for your personal, non-commercial use only, unless we expressly permit you to do so (more information on this follows below). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our site, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the site for your own personal, non-commercial use and not for further reproduction, publication, or distribution, and you may draw the attention of others within your organization to content posted on our site or offered as part of our services in connection with such use.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the site or any services or materials available through the site.

You must acknowledge our status (and that of any identified contributors) as the authors of content on our site or our services. If you wish to make any use of material on the site other than that set out in this section, please address your request to: info@equineregister.ca.

You must not use any part of the content on our site or our services for commercial purposes without obtaining a express license to do so from us or from our licensors. Payment of the fees which enable your use of our services does not necessarily amount to a license for commercial use unless expressly acknowledged by us.

Our services and the business model on which they operate, including our commercial arrangements with other users and other third parties, are protected by confidentiality obligations on them and on you, and by intellectual property rights on them and on you, and you must not attempt to replicate, copy or distribute any part of our site or our services unless expressly permitted under these terms of use or if you have obtained our express consent to do so.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the site in breach of these terms, your right to use the site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the site or any content on the site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the site not expressly permitted by these terms is a breach of these terms and may violate copyright, trademark, and other laws. We reserve the right to claim against you for any losses, whether financial or not, whether direct or indirect and whether foreseeable or not, which we have or will incur because of your actions or omissions (including negligence).

TRADEMARKS

“Equine Register” and the horse logo are registered trademarks of Equine Register Ltd. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this site are the trademarks of their respective owners.

NO RELIANCE ON INFORMATION

The content on our site is intended to be provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site or our services.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete, useful, or up-to-date. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

We accept liability for the accuracy of data provided to you as part of our services only where we agree in writing in advance that such data is accurate and reliable, and/or we have the benefit of an indemnity from our licensor. A prominent notice or other functionality in our services will identify such data, and absent any such notice, we are not liable for accuracy of data within the site or services. However, our liability will be limited as described in these terms of use (see the section Limitation of Our liability, below).

DISCLAIMER OF WARRANTIES AND LIMITATION OF OUR LIABILITY

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. OUR SITE, OUR SERVICES, AND ALL CONTENT AVAILABLE ON OR THROUGH OUR SITE AND SERVICES, ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS, COMPLETENESS, OR ACCURACY OF OUR, OUR SERVICES OR ANY CONTENT. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR CONTROLLING PARTIES, AGENTS, EMPLOYEES, SUPPLIERS, OR LICENSORS (WHEN WE REFER TO “WE” OR “US” IN THIS LIMITATION OF OUR LIABILITY SECTION, WE MEAN US AND ALL OF THESE PARTIES) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER EXPENSES, DAMAGES OR LOSSES WHATSOEVER, INCLUDING (WHETHER DIRECT OR INDIRECT) DAMAGES FOR LOSS OF PROFIT, GOODWILL, OPPORTUNITY, EARNINGS, USE OF DATA, ARISING FROM OR RELATED TO THESE TERMS OF USE, OUR SITE, OUR SERVICES, OR ANY CONTENT OR SOFTWARE IN CONNECTION THEREWITH, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR IF SUCH DAMAGES OR LOSSES WOULD BE REASONABLY FORESEEABLE. IT IS IMPOSSIBLE TO FULLY LIST THE EXTENT OF THIS LIMIT OF LIABILITY, BUT, TO BE CLEAR, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY OTHER EXPENSES, DAMAGES OR LOSSES.

OUR MAXIMUM LIABILITY TO YOU WILL BE THE GREATER OF A SUM EQUIVALENT TO THE FEES YOU HAVE PAID US FOR OUR SERVICES OVER THE PERIOD OF ONE YEAR PRECEDING THE EVENT OUT OF WHICH LIABILITY AROSE (OR PROPORTIONAL TO THE PERIOD WE HAVE CHARGED YOU IF LESS THAN ONE YEAR) OR $100.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability, such as those set out in this Limitation of Our Liability section. To the extent that any disclaimers, exclusions and limitations in these terms of use are prohibited by law, such disclaimers, exclusions and limitations will only apply to the extent necessary to make these terms of use consistent with such prohibitions.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these terms of use or your use of the site, including, but not limited to, your contributions made and content uploaded to the site, (b) any use of the site’s content, services, and products other than as expressly authorized in these terms of use, (c) your use of any information obtained from the site, or (d) any third party claim that your content or contributions or our use thereof infringe or misappropriate such third party’s intellectual property rights. You may not settle any indemnified claim against us unless we consent to such settlement, and we will have the right, at our option, to defend ourselves against any such indemnified claim or to participate in the defense thereof by counsel of our own choice.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site as part of our services or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy

You represent and warrant that any such contribution does comply and will comply with those standards, and you will be liable to us and indemnify us for any breach of that representation and warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this representation and warranty. You also represent and warrant that you own or control all rights in and to the contributions you make to the site and have the right to grant the license granted herein to us and our affiliates and each of their and our respective licensees, successors, and assigns. You understand and acknowledge that you are responsible for any contributions you submit or contribute and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of the site.

Some of the data which you upload to our site as part of our services will be considered non-confidential. Whilst we acknowledge that you retain all of your ownership rights in your data, you are required to and hereby grant us and other users of the site a limited license to use, store, produce and reproduce that content and to distribute and make it available to other users and to third parties. The rights you license to us are described in the next paragraph (see Rights You License, below).

Some of the data which you communicate to us, or upload on our site, such as payment information, and transaction details or personal information which must remain confidential, we will consider as confidential and we will not share it with other users or third parties unless we have your consent, as permitted or required by applicable law or as otherwise set out in our Privacy Policy, as applicable. Any of your data that includes personal information is also subject to our Privacy Policy, and in the event of any contradiction between these terms of use and our Privacy Policy with respect to personal information, our Privacy Policy will prevail.

Equally, if we share with you confidential information you shall not disclose it to any unauthorized recipients unless we first agree in writing. We may require you to enter into a separate non-disclosure agreement as part of our services.

We retain the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the site. We may also disclose your data and identity to any competent regulatory and law enforcement authority in the United States or other jurisdictions which submits a lawful request for such information, as required or permitted by applicable law. We will disclose such information to other competent authorities elsewhere in the world only if we determine that we are obliged to do so by applicable law. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.

We have the right to remove or refuse to post any content you upload on our site as part of our services if, in our opinion, your data does not comply with the content standards set out in our Acceptable Use Policy, including, without limitation if it breaches any intellectual property rights or other right of any person or entity, if it threatens the personal safety of users of the site or the public, or if it could create liability for us.

We also have the right to terminate or suspend your access to all or part of the site for any or no reason including without limitation any violation of these terms of use.

Any views expressed by other users of our services whether on our site or elsewhere may not represent our views or values. We do not review material before it is posted on the site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Whilst we make reasonable efforts to store your data securely, you are solely responsible for securing and backing up the data you upload to our site as part of our services. Unless we have expressly agreed in writing in a separate agreement, you cannot rely on our site as a back-up for your data.

Once you have uploaded data to our site and it is used in our services, we may not be able to promptly delete it from our site and/or from our services on your request. This is because some of our services are provided on behalf of some organizations which have statutory duties to keep such information. We will treat such requests on a case- by-case basis unless we expressly provide functionality in our services to you which allow us to carry out your request automatically and without further human intervention.

You must tell us promptly if any data provided by you and used on our site as part of our services is incorrect or inaccurate, misleading or out of date. You represent that, to the best of your knowledge, all the data and content which you upload to our site is accurate, up to date, and not misleading and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this representation.

We will not be responsible to you, or be liable to any third party, for the content or accuracy of any content posted by you or any other user of our site, unless we have expressly agreed otherwise.

RIGHTS YOU LICENSE

When you upload data to our site for use as part of our services, you grant the following rights and licenses to us:

a non-exclusive, worldwide, revocable, royalty-free, sub-licensable license for providing our site and services, improving and developing our products and services, complying with our legal and contractual obligations, other purposes required or permitted by applicable law, and otherwise disclose to third parties such materials according to the Privacy Policy and your account settings; and,
to permit other users of our services and third parties to, on a non-exclusive, worldwide, revocable, non-sub-licensable basis, use your data in connection with their use of our site and services, and for non-commercial purposes such as research and analysis.

In the event of any contradiction between these terms of use and our Privacy Policy with respect to the handling of personal information, our Privacy Policy will prevail.

VIRUSES AND UNAUTHORISED ACCESS AND/OR USE

Whilst we make reasonable efforts to prevent bugs or viruses from our site, we do not guarantee that our site and our services will be secure or free from bugs or viruses.

You are responsible for configuring your own information technology, computer programs and platform in order to access our site and services. You should use your own virus protection software and security protocols.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

You must not attempt to gain unauthorized access to our site or our services, the server on which our site is stored or any server, computer or database connected to our site.

You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you may commit a criminal offense under applicable law. We will report any suspected breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them, as permitted or required by law. In the event of such a suspected breach, your right to use our site will cease immediately.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not use our logo or trademarks unless you have first obtained our permission in writing to do so.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be displayed on, or appear to be displayed on (such as by framing or deep linking) any other site, nor may you create a link to any part of our site other than the home page. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.

We reserve the right to withdraw your linking permission without notice. We may disable all or any links at any time without notice in our discretion.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact info@equineregister.ca

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only, although we may have commercial arrangements in place with such parties. We have no control over the contents of those sites or resources and we are not responsible for their content. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

TESTING AND QUALITY ASSURANCE

From time to time, we may arrange for the external testing of our site and our services, including security testing on our live services. If we do this, we will attempt to give you as much advance notice as possible, but as with all external threats we cannot guarantee that our site and/or services will remain available as a result of such action. We will have no liability to you for any loss however caused (including our negligence or our breach of contract) if we provide you with advance notice in writing (either by email or by a prominent notice on our site or as part of our services) and as a result of the testing our site and/or services become unavailable. In all other circumstances, any liability to you is limited (see our section Limitation of Our liability, above).

If we agree with you in writing and in advance that you will test any part of our site or services, you agree to abide by these terms. You will owe us a duty of care to act with reasonable skill and care, and with complete honesty towards us. You will not breach any of our Intellectual property rights or any other rights we have under these terms with malicious or dishonest intent, but only with the intention of immediately bringing any errors, faults or weaknesses in our site or in our services to our attention. All the rights and obligations imposed on you as a user under these terms will be sed insofar as you are required to fulfil your obligations to us to test our site and services, and to report to back to us in a responsible manner.

APPLICABLE LAW

These terms of use, its subject matter and its formation, are governed by the laws of the state of Delaware without giving effect to any choice or conflict of law provision or rule (whether of Delaware or any other jurisdiction). You and we both agree that the state and federal courts located in Wilmington, Delaware will have exclusive jurisdiction in connection with any matters arising out of or in connection with these terms of use. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

In our sole discretion, we may require you to submit any dispute arising from these terms of use or use of the website to final and binding arbitration by one arbitrator appointed in accordance with and acting under the Rules for Arbitration of the International Chamber of Commerce in effect at that time applying Delaware law. The arbitrator shall be a lawyer and shall be fluent in the English language. Arbitration shall take place in New York, NY, USA. The language of the arbitration shall be in English. Initiation of arbitration proceedings by either party shall not suspend such party’s contractual obligations hereunder. Judgment upon the award rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by us of any term or condition set out in these terms of use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these terms of use shall not constitute a waiver of such right or provision.

If any provision of these terms of use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms of use will continue in full force and effect.

COPYRIGHT INFRINGEMENT

If you believe that any use content violates your copyright, please send us a notice of copyright infringement to info@equineregister.ca. It is our policy to terminate the user accounts of repeat infringers.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this site is subject to our Privacy Policy. By using the site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

ONLINE SUBSCRIPTIONS AND OTHER TERMS AND CONDITIONS

All subscriptions to our site or other purchases made through our site, or resulting from visits made by you, are governed by our Terms and Conditions for Subscription to Digital Stable (“Subscription Terms”) found below, which are hereby incorporated into these terms of use.

YOUR COMMENTS AND CONCERNS

This website is operated by Equine Register US Inc., with a registered office at 1209 Orange Street, Wilmington, DE 19801.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy [LINK TO COPYRIGHT POLICY] in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@equineregister.ca.

ACCEPTABLE USE POLICY

This acceptable use policy sets out the terms between you and us under which you may access our website www.equineregister.us or mobile application Digital Stable (collectively referred to as “our site”). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use at /user/terms/usa (the “terms of use”).

www.equineregister.us is a site operated by Equine Register US Inc.("We"). We are registered in Delaware and have our registered office at 1209 Orange Street, Wilmington, Delaware 19801.

PROHIBITED USES

You may use our site or our services (as defined in our terms of use) only for lawful purposes and in accordance with the terms of use and this Acceptable Use Policy. You may not use our site or services:

In any way that breaches any applicable local, state, federal, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming, exploiting, or attempting to harm or exploit minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in this policy.
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
To impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity.
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the site, or which, as determined by us, may harm us or our users of the Website, or expose us or them to liability.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our site or service in contravention of the provisions of our terms of use https://stable.equineregister.ca/user/terms/usa.
Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES

We may from time to time provide interactive services on our site, including, without limitation:

Chat rooms.
Bulletin boards.
Messaging services.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

The content standards set out in this policy apply to any and all material which you contribute to our site and services, and to any interactive services associated therewith (collectively “contributions”).

You must comply with the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, patent, trade secret, trademark right, or other intellectual property right or other rights (including the rights of publicity and privacy) of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions or advertising.
Give the impression that they emanate from or are endorsed by us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use https://stable.equineregister.ca/user/terms/usa upon which you are permitted to use our site and services, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site and/or services.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site and services.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary and as permitted or required by law.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

CONTACT US

To contact us, please email info@equineregister.ca

Thank you for visiting our site and for using our services.

Terms and Conditions for Subscription to Digital Stable

Effective Date: 04/15/2024

Welcome to the Digital Stable (“Service”) brought to you by Equine Register US Inc. and its affiliates, including Equine Register Canada Limited (collectively “we”). By subscribing to our Service and agreeing to these Terms and Conditions (the “Terms and Conditions”), you consent to recurring payments processed through Stripe, Apple, or Google. These Terms and Conditions take effect when you select the check box next to the “I Agree” statement and click the “Create Account” button or by accessing or using the Services (“Effective Date”), and by doing so you acknowledge that you have read and understand these Terms and Conditions, represent and warrant that you have the right, power and authority to enter into these Terms and Conditions, and if entering into these Terms and Conditions on behalf of an organization, that you have the legal authority to bind that organization, and accept these Terms and Conditions and agree that you are legally bound by these terms. Please read these terms carefully.

1. Introduction

These Terms and Conditions, our Terms of Website Use & Data Services, and our Acceptable Use Policy (collectively, the “Terms”) govern your use of our Service. Further, any personal information collected or obtained by us in connection with your use of the Service will be collected, used, shared, communicated and otherwise handled as described in our Privacy Policy. By subscribing to our Service, you confirm that you agree to comply with and be bound by these Terms and to the extent permitted by law, consent to the collection, use, disclosure, communication and other handling of your personal information as described in our Privacy Policy. If you do not agree to these Terms, you must not subscribe to our Service.

2. Subscription Plans

Automatically Renewing: Unless stated differently on your registration, your subscription is a monthly subscription, commencing on the Effective Date and continuing for one month. Your subscription will automatically renew for additional one-month terms, and your method of payment will be automatically charged, unless you cancel in accordance with these Terms.

Automatic Renewal Cancellation Policy: You can cancel your subscription at any time through your account settings in the app or via the respective payment platform (Apple App Store, Google Play Store, or our website). Cancellations will take effect at the end of the then-current billing cycle. Additionally, you may cancel your subscription by sending an email to info@equineregister.ca or calling 1437 8375251. Upon timely canceling your subscription, you will not be obligated to pay the monthly subscription fee for any subsequent months.

Acknowledgement and acceptance of auto-renewal provision

Monthly Subscription: The monthly subscription fee is as stated on your registration. Billing of the monthly subscription fee occurs monthly on the date corresponding to the initial subscription purchase date.

3. Payment Terms

Payment Processors: Payments are processed through Stripe, Apple, or Google depending on your subscription method. By subscribing and providing your payment information, you authorize the respective processor to charge the applicable subscription fees to your chosen payment method.

Recurring Payments: Your subscription will renew automatically at the end of each monthly billing cycle unless cancelled. The payment method on file will be charged at the beginning of each renewal period.

Payment Failure: If a payment is declined, we will attempt to process the payment again. If the payment fails repeatedly, we reserve the right to suspend or terminate your subscription.

4. Suspension, Termination, and Refunds

Suspension: We may suspend your access to any portion or all of the Services as described in the Acceptable Use Policy. Additionally, we may suspend your access if: (i) we reasonably determine there is a threat or attack on the Services, your use disrupts or poses a security risk to us, a vendor of ours has suspended or terminated our access to or use of any third-party services or products required to enable you to access the Services, or (ii) your failure to pay the subscription fees in accordance with these Terms. We will have no liability for any damage or losses or any other consequence you may incur as a result of any suspension.

Termination: We can terminate your subscription in the event you breach the Terms and, if the breach can be remedied, you fail to remedy the breach within thirty days of being so notified. We also reserve the right to terminate these Terms for any reason upon thirty (30) days advance notice to you.

Refunds: No refunds are issued after the billing cycle begins.

Effect of Termination: Once these Terms are terminated or canceled, you shall immediately cease using the Service. No expiration or termination of these Terms will impact your obligation to pay all subscription fees that may have become due before such expiration or termination. Any provisions which by their express terms or nature and context are intended to survive termination of these Terms will survive any such termination.

5. Account Management

Your registration and use of your account with us for the Service is subject to these Terms including, without limitation, the “Your Account and Password” section of our Terms of Website Use & Data Services and our Acceptable Use Policy. Without limiting the foregoing:

Account Information: You must provide accurate and complete information during the registration process. You are responsible for maintaining the confidentiality of your account credentials.
Account Use: You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not share your account with others or allow anyone other than you to use your account.
License Grant: Subject to and conditions on you paying the subscription fees and complying with these Terms, we hereby grant you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services during the Term solely for your personal or internal business use.
Use Restrictions: All use is subject to the Terms of Use and Acceptable Use Policy. Additionally, you shall not use the Services or any software component of the Services for any purposes beyond the scope of the access granted in these Terms. You shall not at any time, directly or indirectly: (i) copy, modify, or create derivative works of the Services, any software component of the Services, or any documentation provided by us relating to the Services (“Documentation”), in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Documentation except as expressly permitted under these Terms; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services or Documentation; or (v) use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation, or rule.
Aggregated Data: We may (a) create deidentified or aggregated data based off of the content you upload and contributions you post to the Services, and (b) monitor your use of the Services and collect and compile data and information related to your use of the Services to be used by us in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services (collectively referred to as "Aggregated Data"). As between you and us, all right, title, and interest in Aggregated Data, and all intellectual property rights therein, belong to and are retained solely by us. You acknowledge that we may compile Aggregated Data based on your content input into the Services. You agree that we may (i) make Aggregated Data publicly available in compliance with applicable law, and (ii) use Aggregated Data to the extent and in the manner permitted under applicable law; provided that such Aggregated Data do not identify you or your confidential information.

6. Service Availability and Modifications

Availability: We strive to keep our Service available at all times but do not guarantee uninterrupted access.

Modifications: We reserve the right to modify or discontinue the Service or any part of it, temporarily or permanently, with or without notice.

7. Intellectual Property

Ownership: All content, features, and functionality provided as part of the Service, in addition to the Aggregated Data, are owned by Equine Register US Inc. and/or its affiliates including Vivaria Global Holdings Limited and are protected by intellectual property laws.

Use of Our Content: You may use the Services and content provided on or through the Service for personal, non-commercial use only. You may not reproduce, distribute, or create derivative works from the Services or any of our content without our prior written permission. Your rights to use our Services and our content and the restrictions on your rights are described in more detail in the Use Restrictions section above and the “Intellectual Property Rights and Infringement” section of our Terms of Website Use & Data Services. All rights not expressly granted pursuant to these Terms are reserved by us and, if applicable, our licensors.

Your Content and Contributions: You hereby grant us a non-exclusive, royalty free, worldwide license to reproduce, distribute, and otherwise use and display your content and contributions and use such content and contributions as may be necessary for us to provide the Services to you. By accessing, using, and providing information to or through the Services, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.

Feedback: If you provide any comments, questions, suggestions, or the like (“Feedback”), we are free to use such Feedback, but are not required to do so. All Feedback will be owned by us.

8. Disclaimer of Warranties and Limitation of Liability, Indemnification

You warrant that you own all right, title, and interest, including all intellectual property rights, in and to the content and contributions you input into the Services and that such content and contributions and your use of the Services are in compliance with the Acceptable Use Policy. We will carry out our services (including the Service) to you with reasonable skill and care. The Service is provided on an "as is" and “as-available” basis without warranties, representations and conditions of any kind, either express or implied. The “Disclaimer of Warranties and Limitation of Our Liability” and “Indemnification” sections of our Terms of Website Use & Data Services apply to your access and use of the Service. Please review that section to understand the limitations of our liability to you.

9. Governing Law

10. Changes to Terms

We reserve the right to update or modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting. It is your responsibility to review these terms periodically for updates. Your continued use of the Services after the effective date of the modifications will be deemed acceptance of the modified terms.

11. Miscellaneous

These Terms constitute the entire agreement and understanding you and us with respect to the Site and the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site and the Services. Any notices to us must be sent to our registered office at 1209 Orange Street, Wilmington, DE 19801 and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. You agree to receive electronic communications from us, including notices about applicable fees and charges, transactional information, and other information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. Any failure to act by us with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. The Services utilize software and technology that may be subject to US export control laws, and you shall not, directly or indirectly, export, re-export, or release the Services or the software or technology included in the Services to, or make the Services or the software or technology included in the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, regulation, or rule. These Terms and Conditions are personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to assign these Terms and Conditions and to delegate any of its obligations hereunder.

12. Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at:

Email: customerservice@equineregister.ca

Thank you for choosing the Digital Stable brought to you by Equine Register US Inc. and its affiliates. We appreciate your business and are committed to providing you with the best possible service.

Equine Register Canada Limited