By accessing or using our Service, you agree to be bound by all of the terms and conditions described in the Terms. If you are not eligible or do not agree to all of the Terms, you are not authorized to use our Service or download our App(s).
You acknowledge and agree to the following:
As a valued user of this App and our services, you will enjoy the limited, non-exclusive, non-transferable, non-sublicensable, revocable right to download and install a copy of the App(s) from a legitimate marketplace to your mobile device, and to access and use the Service, in each case, for your own personal use, subject to the conditions set forth in these Terms. You may not: (i) copy, modify, or create derivative works of the Service (or any part thereof) for any purpose; (ii) distribute, publicly display, publicly perform, transfer, sell, sublicense, lease, lend, rent or otherwise make available the Service (or any part thereof) to any third party; (iii) decompile, reverse engineer, disassemble, interfere with, or circumvent the Service (or any part thereof), including without limitation any security or access control mechanism (except to the extent such a restriction is impermissible under applicable law); or (iv) use the Service (or any part thereof) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms.
You acknowledge that our Service may change from time to time and we may stop (permanently or temporarily) providing the Service (or features within the Service), without prior notice to you. Our Service may include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service.
Certain features of our Service may be subject to additional terms or conditions, which will be posted with those features. Such terms and conditions are incorporated by reference into these Terms.
In order to download the App, you may be required by third parties who are providing services in connection with the App (each, a “Service Provider”) to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Service Provider. Your access and use of any account with a Service Provider, including without limitation in connection with the Service, is subject to any terms, conditions, and policies, including privacy policies, of that Service Provider. Horses Help App is not responsible for any act or omission of any Service Provider. Horses Help App does not provide you with the equipment to access or use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by Carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your access and use of the Service (such as voice, data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier. If your device is lost or stolen, you must notify EAGALA immediately at firstname.lastname@example.org to suspend services and discontinue the use of the Horses Help App on the device.
Because the Service may not always be available and your Content on the Service may not always be available, you agree not to rely on the Service for the purposes of Content access, storage, or backup. EAGALA will not be liable to you for any modifications, suspension, or discontinuation of the Service or the loss of any Content.
The Content available through the Service may not have been reviewed, verified, or authenticated by us, and may include inaccuracies or false information or be offensive, indecent or objectionable. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, including relating to the quality, suitability, truth, accuracy, or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content. If notified by a user or content owner that Content allegedly does not conform to the Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Content, which we reserve the right to do at any time and without notice for any reason.
Any maintenance and support for the Horses Help App required by law shall be provided by EAGALA, and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Services. You acknowledge that if and where these Terms fail to conform by law to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price of the App, but you agree that Apple will have no other duties, warranties, or obligations whatsoever, except where prohibited by law. Where any such warranty is required by law, Horses Help App, not Apple, will be solely responsible except provided otherwise herein.
In order to access and use our Services, you may need to register and create an account (your “Account”). By creating an Account, you represent that you are of legal age to form a binding contract, have not previously been suspended or removed from the Service, and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. When creating an Account, you may be required to provide your mobile number in order to verify your Account by text message. Please be aware that your Carrier’s text messaging fees apply for mobile number verification. When creating an Account, you also may be required to provide certain personal information about yourself and will establish a username and a password. We reserve the right to remove or reclaim a username if we believe it is inappropriate, for example, if your username suggests that you are a person other than yourself.
You agree to provide and maintain accurate, current and complete information about your Account, including without limitation your mobile phone number. Without limiting the foregoing, in the event you change or deactivate your mobile phone number, you agree to update your Account information promptly to ensure that your messages are not sent to the person who acquires your old number.
When creating an Account, you agree not to:
We reserve the right in our sole discretion to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading or to reclaim any username that you create through the Service that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your Account. If you have reason to believe that your Account (including without limitation your mobile phone) is no longer secure, you agree to immediately notify us at email@example.com
You may link your Account to various webmail, social networking, and other online accounts. You may only link to third party accounts you own or manage. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Service. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts on your behalf as your agent. You expressly permit us to access, use, and, in some cases, store not only your third party account information but also any and all information posted or revealed through those third party accounts either by you or someone else.
Access to the Service, or to certain features of the Service, may require you to pay fees to a Service Provider. If you have any questions or issues with such payments, please contact the applicable Service Provider.
Our Service allows you and other users to post, link, store, share, and otherwise make available certain information, images, videos, text, and/or other content (“Content”). You are responsible for the Content that you make available to the Service, including without limitation its legality, reliability, and appropriateness. You retain any and all of your ownership rights to any Content you make available on or through the Service and you are responsible for protecting those rights.
By making Content available on or through the “Horses Help App” App or the rest of the Service, you grant us the perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, modify, publicly perform, publicly display, reproduce, and distribute such Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed), including without limitation on and through the “Horses Help App” App. Without limiting the foregoing, you agree that this license includes the right for us to make your Content available to other users of the “Horses Help App” App, who may also use your Content.
You can remove Content that you posted by deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed on the Service and copies of your Content may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service.
You also have the option of either temporarily disabling or permanently deleting your Account by visiting your Account settings. If you disable your Account, we log you out of your Account and cease sending you push notifications, but we will save your information (including without limitation your Content) in case you later decide to reactivate your Account. Your profile and Content will still be visible by other users. If you delete your Account, we will permanently delete your Account information and actions (including without limitation your Content), and we will delete your messages according to our regular retention schedule. Please note that we will continue to store certain information (including without limitation your Content) for analytics purposes, but that information will not include your personal information such as name, email address, or telephone number. We will also retain any information (including without limitation your Content) as required by law. Comments or emotions you make on Content shared by others, or messages you send, may also remain visible to other users after you delete your Account.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and to grant us the right and license granted in the Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We ask that you respect our online community and other users when posting Content and using the Service. You agree not to:
This list is an example and is not intended to be complete or exhaustive. The Parties acknowledge that Horses Help App does not have an affirmative obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with the Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Because Horses Help App cannot monitor and police all accounts at all times, it may be possible that third parties may violate the Terms of this Agreement, including engaging in activities that may be harmful or offensive to other users. While we will make every effort to prevent such behavior, Horses Help App is not responsible for such actions by users against you or other users. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we consider, in our sole discretion, to be in violation of the Terms or otherwise harmful to the Service.
We do not permit infringement activities of intellectual property rights on the Service and will remove any such Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright or trademark owner or agent and believe that any Content infringes upon your rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512)(c)(3) for further detail):
You can contact our Copyright Agent via email at firstname.lastname@example.org
Notwithstanding EAGALA and Horses Help App' intellectual property enforcement efforts, Both EAGALA and Horses Help App is not responsible for infringement of your intellectual property by users of this Service. Except as otherwise provided in these Terms, the Parties acknowledge that if liability exists for infringement of a third party’s intellectual property rights based on the App, EAGALA and Horses Help App, not Apple, will be responsible for the investigation, defense, settlement, and discharge of any claim. This paragraph only applies to intellectual property owned or controlled by EAGALA and Horses Help App and not by any actions undertaken by you that contravene these Terms.
EAGALA will terminate the Accounts of users that are determined by Horses Help App to be “repeat infringers." A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had Content repeatedly removed from the Service.
Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including without limitation spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, interfere or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers, including without limitation by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not permitted by the Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing; or (vii) interfere with any user’s enjoyment of the Service, including without limitation by (a) making unsolicited offers or advertisements to other users of the Service or (b) attempting to collect, personal information about users or third parties without their consent. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms.
You may not use or otherwise export or re-export the App. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries; (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List, or (c) in a country that has been designated by the U.S. government as a terrorist supporting country. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear missile or chemical or biological weapons.
You agree to indemnify and hold EAGALA, Horses Help App and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents harmless from and against any and all claims, costs, damages, liabilities, and expenses (including without limitation attorneys’ fees) we incur in relation to or arising from (i) your access to or use of the Service, (ii) your violation of the Terms or any applicable law or regulation, (iii) your violation of any rights of any third party, including without limitation intellectual property rights or rights of publicity, confidentiality, property or privacy; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites. Horses Help App may provide tools through the Service that enable you to export information, including without limitation Content, to third party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information.
We reserve the right, at our discretion, to change the Terms on a going-forward basis at any time. Please check the Terms periodically for changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an Account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under the Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.
Our Service (including without limitation the App(s)) is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms, we (or our licensors) exclusively own all rights, title, and interest in and to the Service (including without limitation the App(s)), including all associated intellectual property rights. Except as expressly provided in the Terms, you may not make use of the Service, and EAGALA and Horses Help App reserves all rights to the Service. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service (including without limitation the App(s)). You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service (including without limitation the App(s)) (“Feedback”) will be the sole and exclusive property of EAGALA and Horses Help App and you hereby irrevocably assign to us all of your right, title, and interest in and to all Feedback.
YOU UNDERSTAND AND AGREE THAT SERVICES (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICE) ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICE) WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED OR SECURE BASIS OR BE FREE OF ERRORS OR HARMFUL COMPONENTS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICE) AND YOUR DEALINGS WITH OTHER SERVICE USERS.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO USD $100.00. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT OBTAINED FROM THE SERVICE); (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
EACH PROVISION OF THE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE TERMS. THE LIMITATIONS IN THIS LIMITATION OF LIABILITY SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you and are enforceable to the extent permitted by law.
The Terms are governed by the laws of the State of Utah, without regard to any conflict of laws rules or principles. To the extent that any lawsuit or court proceeding regarding the use of the Horses Help App is permitted under the Terms, you and EAGALA agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Salt Lake County, Utah for the purpose of litigating all such disputes. We operate the Service from our offices in Utah, and we make no representation that the Service is appropriate or available for use in other locations. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice. Our failure to enforce any right or provision of the Terms will not be considered a waiver of those rights. If any provision of the Terms is held to be invalid or unenforceable by a court, the remaining provisions of the Terms will remain in effect. The Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
In the interest of resolving disputes between you and the use of Horses Help App in the most expedient and cost effective manner, you agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Any arbitration between you and Horses Help App will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by the Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Horses Help App.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, via the email address associated with your Horses Help App account ("Notice"). Horses Help App' address for Notice is: Horses Help App.The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or EAGALA may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or EAGALA shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Any arbitration hearings will take place at a location to be agreed upon in Salt Lake County, Utah, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your home address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Horses Help App for all monies previously disbursed by it that are otherwise your obligation to pay under 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 decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.Unless both you and Horses Help App agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
In the event that EAGALA makes any future change to this arbitration provision (other than a change to Horses Help App' address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Horses Help App' address for Notice, in which case your Account shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
If any paragraph in these Terms is deemed to be unenforceable, it shall have no effect on other provisions, which will remain fully enforceable.
Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
The Services are offered by EAGALA.
Please contact us if you have any questions about our Terms. You may contact us by sending an email to email@example.com
The Horses Help App campaigns are sponsored by multiple partners, designated in individual campaigns (together, the “Sponsors”). The campaigns are intended to be conducted in the United States only and shall be construed and evaluated according to the laws of the United States. Apple is not a sponsor of the Sweepstakes or involved in the activity in any manner.
In consideration for and as a condition of being permitted to participate in (campaigns, prizes, sweepstakes, contests, etc.) through this App, you expressly and freely assume all risks, both known and unknown, associated with participating in such (campaigns), whether or not such risks are caused by the negligence of EAGALA, Horses Help App' or Sponsors’ employees and hereby indemnify EAGALA, Horses Help App and Sponsors from all harm as a result of your participation in such (campaigns).
By using this App and participating freely and voluntarily in one or more campaigns, I expressly represent that I am in good health and sufficient physical condition to safely participate and have no known or knowable physical or mental conditions that would affect my ability to safely participate or that would create a danger to myself or others. I also understand that certain (campaigns, activities, challenges) may have different restrictions and limitations that I thoroughly understand. I agree not to engage in any activity that would put myself or others in a potentially harmful situations and that I will not attempt any activities for which I do not qualify, either by age, geographic, marital, familial, or other restriction. If a user is unable to participate in a given challenge, the user is encouraged to contact the Sponsor for an alternative challenge that accommodates that user’s limitation. But in no way is the Sponsor required to make accommodations, except as required by law.
Horses Help App, 2016©2017 Equine Assisted Growth and Learning Association, Inc.