TERMS AND CONDITIONS FOR STABLE HUB INC.
Name of Company: STABLE HUB INC.
Registered Address: c/o Cameron Law, 8 Peter Street South, Unit 202, Orillia, ON,
L3V 5A9
Contact Email: info@stablehub.ca
Last updated: AUGUST 10, 2021
The terms and conditions mentioned herein are to run and be interpreted in conjunction
with our Privacy Policy (which too can be amended without prior notice), both together
setting forth non-exhaustive rules and guidelines to use of our Services. Depending on your
use of our Services, there may be additional terms of service that you may inadvertently
get bound by. Please read these terms and conditions carefully before using our Service.
You agree that by accessing our Services, you have read, understood, and agreed to be
bound by all of these Terms and Conditions. If you have objection to use of any part of our
Terms and Conditions or our Privacy Policy, please do not continue the use of our Service
or refrain from using our Services in its entirety. Infact if you do not agree with ALL of
these terms and conditions of use, then you are expressly prohibited from using the Services
and you must discontinue use immediately.
Furthermore, you understand and acknowledge that supplemental terms and conditions or
documents or policies may be posted and made available for your perusal from time to time
and are hereby expressly incorporated herein by reference. We reserve our right, in our sole
discretion, to make changes or modifications to these Terms and Conditions at any time
and for any reason. It is your responsibility to periodically review these Terms and
Conditions and to stay informed of such changes.
Last but not the least, the information provided herein is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those of you who choose to
access our Services from other locations do so on your own volition and initiative and
assume any and all liability for compliance with local laws.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the
following conditions. The following definitions shall have the same meaning regardless of
whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions, in conjunction with the Privacy Policy,
following are the definitions:
Application means the STABLE HUB INC., a.k.a. STABLE HUB software program
and its components and ancillaries provided by the company downloaded by you on
any applicable device.
Application Store means the digital distribution service operated and developed by
Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) or any service
operated which is specific to your electronic device, in which the Application has been
downloaded.
Affiliate means an entity that controls, is controlled by or is under common control
with a party, where "control" means ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for election of directors or other managing
authority.
Account means a unique account created for you to access our Service or parts of our
Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement)
refers to STABLE HUB INC.
Content refers to content such as text, images, or other information that can be posted,
uploaded, linked to or otherwise made available by you, regardless of the form of that
content.
Country refers to: Canada and more specifically the province where the Services are
used.
Device means any device that can access the Service including but not limited to a
computer, a cellphone or a digital tablet.
Goods refer to the items offered for sale on the Service.
Orders mean a request by you to purchase Goods from us.
Service refers to the Application and the ancillaries provided for in the Application
including our website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions
that form the entire agreement between you and the Company regarding the use of the
Service.
Third-party Social Media Service means any services or content (including data,
information, products or services) provided by a third-party that may be displayed,
included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal
entity on behalf of which such individual is accessing or using the Service, as
applicable.
Acknowledgement
By using our Services and/or downloading any material, you agree to be bound by this
Agreement. This agreement applies to you and, if you are using our Service on your client's
behalf, to you and all your clients. We reserve the right to change this agreement at any
time without further notice. We reserve the right to update and/or change our pricing
structure as needed including but not limited to changes based on our community, imagery
database or market trends. Your use of the STABLE HUB INC. Mobile Application will
be subject to the most current version posted on the Mobile Application at the time of your
use. By using this site or downloading, uploading or using any images listed under the
http://www.stablehub.ca domain you agree to be bound by this Agreement. Should you
disagree with anything stated here please discontinue your use of the STABLE HUB INC.
Mobile Application and erase all data you have downloaded.
This Mobile Application, its Intellectual Property rights in the website and the application
is owned and operated by Company. All images and related informational materials in any
medium provided by STABLE HUB INC. hereunder, including related text and Captions
is owned by Company or protected by our Company. You may view, download for caching
purposes only and print pages and reports of any updates exchanged between the trainer
and the owner or subsequent third party viewer but for your own personal use, subject to
restrictions set out below and elsewhere in these terms and conditions. You must not:
1. Republish material from the website and application (including republications on
another social media app, website);
2. Sell, rent or sub-license material from the website or application;
3. Show any material from the website in public;
4. Reproduce, duplicate, copy or otherwise exploit material on this website or
application for a commercial purpose.
Any and all communications, of whatsoever kind, between the host/owner and trainer or
between trainer/user and any intended or unintended receiver is solely the communication
and view of the trainer and not the Company and the same is not to be construed to belong
to the Company. Our agreement with you commences on date posted here or your
commencement of use, whichever is former. Our Service and the website covered within
it may offer you with the opportunity to post and exchange opinions, information, material,
documents, data. We expressly and unequivocally inform you that neither do we actively
screen, edit, publish or review those aforesaid opinions, information, material, documents,
data nor do we, our Company, agents, affiliates and/or proprietors endorse those opinions,
information, material, documents, data. We therefore do not assume any liability for any
opinions, information, material, documents, data or for any loss, cost, liability, damage or
experience caused and/or suffered as a result of any use, reliance, posting, appearance,
presence of opinions, information, material, documents, data on our Service or website.
We will try our best to remove any comments, which in our sole and absolute discretion
are inappropriate, offensive or in any capacity in breach of these Terms and Conditions or
in breach of our Privacy Policy.
The individual shareholders, directors, officers, agents, independent contractors and/or
employees or as assigns of STABLE HUB INC. do not accept or assume any personal
liability from your use of the software.
The Service
Our Service is offered in form of a website and/or an application to be viewed or
downloaded in your compatible electronic device. Our Service offers you, the trainer a
platform to communicate with the horse owner and update horse owner as to status and
well being of the horse, whether be via an email containing audio, video, picture files or in
a different format. Through our Services, the horse trainers will set up their profile with us
and then send regular updates to horse owners and any third parties whose information
would be provided to the set up profile by the horse trainer.
Placing Orders for Goods/Services
We reserve our right to waive any fee or costs associated with opening an account.
Typically and in general, we charge a set up fee to set up the trainer account. The set up
fee will get regularly updated when the set up process is about to be completed and prior
to the completion, the trainer would be asked to confirm the set up fee displayed and pay
using payment services offered at the time of making the payment.
Your Information
If You wish to place an order for goods available on the Service, you may be asked to
supply certain information relevant to your order including, without limitation, your name,
your email, your phone number, your credit card number, the expiration date of your credit
card, your billing address and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit or debit card(s)
or other payment method(s) in connection with any Order; and that (ii) the information you
supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to
payment processing third parties for purposes of facilitating the completion of your Order.
You further hereby grant to us a non-exclusive royalty free licence to use, reproduce, edit
and authorize others to use, reproduce and edit any of your comments in any and all forms,
format or media.
Order Cancellation
We reserve the right to refuse or cancel your order at any time for certain reasons including
but not limited to:
Goods availability
Errors in the description or prices for Goods
Errors in Your Order
Force majeure
Such other grounds which in our reasonable interpretation does not require us accepting
or fulfilling your order
If fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
We have no refund policy. All orders are final. If you have any questions or concerns in
relation to your specific order, you may contact us for a special review and exception.
Reservation of Rights
By agreeing to the use of our Service, you acknowledge and understand as well as consent
for us to, in our sole discretion, to remove all links, comments or notes that we in our
reasonable opinion require to be removed. You understand that our company, its
proprietors, directors, shareholders, agents, employees and/or contractors bear no
responsibility or liability for any inappropriate, defamatory, libelous, obscene, criminal or
offensive consent that you or other users may post on our website.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of goods on the Service. The Goods available on
Our Service may be mispriced, described inaccurately, or unavailable, and we may
experience delays in updating information regarding our Goods on the Service and in Our
advertising on other websites.
STABLE HUB INC. may immediately revoke all licenses granted to you without notice if
you fail to comply with any provision of this agreement. If a license is revoked, you agree
to immediately stop using our Services, delete all documents, communications and
accounts that you set up. Your use of our Services shall at all times comply with all
applicable law. STABLE HUB INC. may restrict or remove your access to this site at any
time, or restrict or remove any or all of your communications including documents
included in your communications, without notice to you.
Despite our best efforts to provide accurate information, this site may contain technical or
other mistakes, inaccuracies or typographical errors. Additionally, this site and any Images
may include historically and culturally important images and text that may contain subjects
that reflect the social attitudes and circumstances of a particular time or location. You
should be aware that your search may display results containing content that may seem
inappropriate to its context, or text that could be potentially offensive. You are solely
responsible for determining whether your use of any Image requires the consent of any
third party or the license of any additional rights, and you should not rely solely on the
information provided by STABLE HUB INC. or its members. If you are unsure whether
additional third-party rights are needed for your use, you are responsible for consulting
with competent rights management professionals or legal counselors.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the
event of any occurrence affecting delivery caused by government action, variation in
customs duties, increased shipping charges, higher foreign exchange costs and any other
matter beyond the control of the Company. In that event, You will have the right to cancel
Your Order.
Payments
Payment can be made through various payment methods we have available, such as Visa,
MasterCard, Affinity Card, American Express cards.
Payment cards
(credit cards or debit cards) are subject to validation checks and
authorization by your card issuer. If we do not receive the required authorization, We will
not be liable for any delay or non-delivery of Your Order or registration confirmation.
User Accounts
To obtain access to our Services and to communicate with horse owners using our Services,
you have to register for a STABLE HUB INC. account and you agree to provide complete,
true and accurate information. Real names must be provided, account with nick names will
be removed. STABLE HUB INC. reserves sole discretion over whether to grant you an
account, and you agree to access the authorized sections of the website and mobile
application and your account only by using the account number and password supplied to
you (or created by you) by STABLE HUB INC.. Our privacy policy should also be
reviewed prior to account creation. You are responsible for maintaining the confidentiality
of your account number and/or password, if applicable, and you shall not distribute this
access information or allow others to use this access information to gain access to the
STABLE HUB INC. Services (mobile + website). You agree to take reasonable steps to
prevent others from obtaining your access information and to notify STABLE HUB INC.
of any unauthorized access or need to update or remove access for any of your employees
or agents. You agree that you shall not acquire any rights of use, ownership, or bailment as
a result of using any STABLE HUB INC. account or web site or related services. You
agree not to disclose your password to any third party. You must notify us immediately
upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully
available for use, a name or trademark that is subject to any rights of another person or
entity other than you without appropriate authorization, or a name that is otherwise
offensive, vulgar or obscene.
Content
Your Right to Post Content
Our Service allows you to chat, communicate, share and or interact with horse owners and
use such other functionality as it may become available, and to post Content. By posting
Content to the Service or communicating via the Services, you grant us the right and license
to use, modify, publicly perform, publicly display, reproduce, and distribute such Content
on and through the Service. You retain any and all of your rights to any Content you submit,
post or display on or through the Service and you are responsible for protecting those rights.
You agree that this license includes the right for us to make your Content available to other
users of the Service, who may also use your Content subject to these Terms. You
understand that the content you post will be non-confidential and non-proprietary.
You are responsible for the Content that you post to the Service, including its legality,
reliability, and appropriateness. You represent and warrant that:
the Content is yours, that you own it and/or you have the right to use it and grant
us the rights and license as provided in these Terms.
the creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Content do not and will not infringe
the proprietary rights, including but not limited to the copyright, patent, trademark,
trade secret, or moral rights of any third party.
you have the written consent, release, and/or permission of each and every
identifiable individual person in your content to use the name or likeness of each
and every such identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Site and these Terms and
Conditions.
your Content is not false, inaccurate, or misleading.
your Content is not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
your Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
your Content does not ridicule, mock, disparage, intimidate, or abuse anyone.
your Content does not advocate the violent overthrow of any government or incite,
encourage, or threaten physical harm against another.
your Content does not violate any applicable law, regulation, or rule.
your Content does not violate the privacy or publicity rights of any third party.
your Content does not contain any material that solicits personal information from
anyone under the age of 18 or exploits people under the age of 18 in a sexual or
violent manner.
your Content does not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
your Content does not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
your Content does not otherwise violate, or link to material that violates, any
provision of these Terms and Conditions or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Terms and Conditions
and may result in, among other things, termination or suspension of your rights to use the
Services.
Content Restrictions
The Company is not responsible for the content of the Service's users. You expressly
understand and agree that you are solely responsible for the Content and for all activity that
occurs under your account, whether done so by you or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to
disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples
of such objectionable Content include, but are not limited to, the following:
Trick, defraud or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords etc.
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or
commentary about religion, race, sexual orientation, gender, national/ethnic origin, or
other targeted groups.
Spam, machine - or randomly - generated, constituting unauthorized or unsolicited
advertising, chain letters, any other form of unauthorized solicitation, or any form of
lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content
that is designed or intended to disrupt, damage, or limit the functioning of any software,
hardware or telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of a third person.
Circumvent, disable, or otherwise interfere with security-related features of our
Services including features that prevent or restrict the use of copying of any content or
enforce limitations on the use of the Services and/or content therein.
Infringing on any proprietary rights of any party, including patent, trademark, trade
secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or
representatives.
Violating the privacy of any third person.
False information and features.
Make improper use or our support services or submit false reports of abuse or
misconduct.
Engage in unauthorized framing of or linking to our Services.
Sell or otherwise transfer your profile.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising
or in any way making up a part of the Site.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or
the Content for any revenue-generating endeavor or commercial enterprise.
By uploading his/her Image/Video, the user creator is warranting that he/she owns all
proprietary rights, including copyright, in and to the Image/video. The user acknowledges
that he/she will provide accurate information at submission date and during the time
interval that the file is hosted on STABLE HUB INC.’s servers. STABLE HUB INC.
reserves the right to verify the information and to take the appropriate measures in case of
spam or inaccurate info. The user creator hereby grants a non-exclusive license to post the
Image/video on its Mobile Application/web site and to deliver it to its audience, affiliates
or other representatives, through different media channels, and further grants STABLE
HUB INC. and its representatives the right to sublicense the Image to their customers in
accordance with the terms of the STABLE HUB INC. Royalty-Free License Agreement, a
copy of which the user acknowledges reviewing and agreeing to. The Parties agree that all
rights, including title and copyright, in and to the uploaded Images/videos, shall be retained
by the user unless otherwise mentioned by the license agreement. The user acknowledges
that no monetary or financial compensation is owing or required to be paid to the user by
STABLE HUB INC. or any of its directors, officers, employees partners, agents or
members for the rights granted herein by the user.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine
whether or not any Content is appropriate and complies with this Terms, refuse or remove
this Content. The Company further reserves the right to make formatting and edits and
change the manner any Content. The Company can also limit or revoke the use of the
Service if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the
Service, you agree to use the Service at your own risk. You understand that by using the
Service You may be exposed to content that You may find offensive, indecent, incorrect
or objectionable, and You agree that under no circumstances will the Company be liable in
any way for any content, including any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company does not guarantee there
will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is
corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered
issues that may affect the backups of Content. But You acknowledge that the Company has
no liability related to the integrity of Content or the failure to successfully restore Content
to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location
independent of the Service.
Contribution Licence
By posting your content or making your content available on and through our Services or
by linking your account (social media, networking etc.) to our Services, you are granting
us and are representing and warranting us that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and distribute such of your
Content (including, without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate into other
works, such Content, and grant and authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your Content and you
warrant that moral rights have not otherwise been asserted in your Content.
We do not assert any ownership over your Content. You retain full ownership of all of your
Content and any intellectual property rights or other proprietary rights associated with your
Content. We are not liable for any statements or representations in your Content provided
by you in any area on the Services. We have the right, in our sole and absolute discretion
to edit, redact, or otherwise change any content and to pre-screen or delete any content at
any time and for any reason, without notice. We have no obligation to monitor your content.
Electronic Device/Application Licence
User License
If you access our Services via a mobile application or other electronic device such as an
ipad, tablet, notebook, laptop etc, then we herein grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the mobile application on wireless
electronic devices owned or controlled by you, and to access and use the mobile application
on such devices strictly in accordance with the terms and conditions of this mobile
application license contained in these Terms of Use. You shall not: (1) decompile, reverse
engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2)
make any modification, adaptation, improvement, enhancement, translation, or derivative
work from the application; (3) violate any applicable laws, rules, or regulations in
connection with your access or use of the application; (4) remove, alter, or obscure any
proprietary notice (including any notice of copyright or trademark) posted by us or the
licensors of the application; (5) use the application for any revenue generating endeavor,
commercial enterprise, or other purpose for which it is not designed or intended; (6) make
the application available over a network or other environment permitting access or use by
multiple devices or users at the same time; (7) use the application for creating a product,
service, or software that is, directly or indirectly, competitive with or in any way a
substitute for the application; (8) use the application to send automated queries to any
website or to send any unsolicited commercial e-mail; or
(9) use any proprietary
information or any of our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any applications, accessories, or
devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the
Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license
granted to you for our mobile application is limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for providing any maintenance and
support services with respect to the mobile application as specified in the terms and
conditions of this mobile application license contained in these Terms of Use or as
otherwise required under applicable law, and you acknowledge that each App Distributor
has no obligation whatsoever to furnish any maintenance and support services with respect
to the mobile application; (3) in the event of any failure of the mobile application to
conform to any applicable warranty, you may notify the applicable App Distributor, and
the App Distributor, in accordance with its terms and policies, may refund the purchase
price, if any, paid for the mobile application, and to the maximum extent permitted by
applicable law, the App Distributor will have no other warranty obligation whatsoever with
respect to the mobile application; (4) you represent and warrant that (i) you are not located
in a country that is subject to a U.S. government embargo, or that has been designated by
the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any
U.S. government list of prohibited or restricted parties;
(5) you must comply with
applicable third-party terms of agreement when using the mobile application, e.g., if you
have a VoIP application, then you must not be in violation of their wireless data service
agreement when using the mobile application; and (6) you acknowledge and agree that the
App Distributors are third-party beneficiaries of the terms and conditions in this mobile
application license contained in these Terms of Use, and that each App Distributor will
have the right (and will be deemed to have accepted the right) to enforce the terms and
conditions in this mobile application license contained in these Terms of Use against you
as a third-party beneficiary thereof.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is our policy to respond to any claim
that Content posted on the Service infringes a copyright or other intellectual property
infringement of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the
copyrighted work has been copied in a way that constitutes copyright infringement that is
taking place through the Service, you must submit your notice in writing to the attention
of our copyright agent via email at info@stablehub.ca and include in your notice a detailed
description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for
misrepresenting that any Content is infringing your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
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):
An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright's interest.
A description of the copyrighted work that You claim has been infringed, including the
URL (i.e., web page address) of the location where the copyrighted work exists or a
copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material
that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your
notice is accurate and that You are the copyright owner or authorized to act on the
copyright owner's behalf.
Upon receipt of a notification, the Company will take whatever action, in its sole discretion,
it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content, including but not limited to all source code, databases,
functionality, software, website, design, audio, video, picture, graphics (excluding Content
provided by you or other users) and features are and will remain the exclusive property of
the Company and its licensors. The Service is protected by copyright, trademark, and other
laws of both the Country and foreign countries. Our trademarks and trade address may not
be used in connection with any product or service without the prior written consent of the
Company. The content and intellectual property are provided to you on an “AS IS” basis
for your information and personal use only.
Except as expressly provided in these Terms of Use, no part of the Site and no Content or
Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior written
permission.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or
controlled by the Company. The Company has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that the Company shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with the use of or reliance on any such content, goods or services available on
or through any such web sites or services. We strongly advise you to read the terms and
conditions and privacy policies of any third-party web sites or services that you visit.
You acknowledge and understand that these third party content and websites are not
investigated, monitored, or checked for accuracy, appropriateness, or completeness by us,
and we are not responsible for any Third-Party Websites accessed through the Site or any
Third-Party Content posted on, available through, or installed from the Site, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies
of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of,
linking to, or permitting the use or installation of any Third-Party Websites or any Third-
Party Content does not imply approval or endorsement thereof by us. If you decide to leave
the Site and access the Third-Party Websites or to use or install any Third-Party Content,
you do so at your own risk, and you should be aware these Terms and Conditions no longer
govern. You should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Site or relating to any
applications you use or install from the Site. Any purchases you make through Third-Party
Websites will be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively between you
and the applicable third party. You agree and acknowledge that we do not endorse the
products or services offered on Third-Party Websites and you shall hold us harmless from
any harm caused by your purchase of such products or services. Additionally, you shall
hold us harmless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with Third-Party
Websites.
Termination
We may terminate or suspend your Account immediately, without prior notice or liability,
for any reason whatsoever, including without limitation if you breach these Terms and
Conditions. Upon termination, your right to use the Service will cease immediately. If you
wish to terminate your Account, you may simply discontinue using the Service.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,
and all of our respective officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and
expenses, made by any third party due to or arising out of: (1) your Content; (2) use of the
Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and
warranties set forth in these Terms and Conditions; (5) your violation of the rights of a
third party, including but not limited to intellectual property rights; or (6) any overt harmful
act toward any other user of the Site with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
Limitation of Liability
STABLE HUB INC. PROVIDES YOU WITH ITS SITE AND MOBILE APPLICATION
ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED,
REGARDING ANY IMAGES/VIDEO, THE SITE, THE ACCURACY OF ANY
INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR
LIMITED, NEITHER STABLE HUB INC. NOR ANY AFFILIATES OR MEMBERS
SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING
THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF
THE STABLE HUB INC. APPLICATION, WHETHER FRAMED AS A BREACH OF
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT,
CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. Some states do
not allow the exclusion of implied warranties or limitation of liability for incidental or
consequential damages, which means that some of the above limitations may not apply. In
these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to you on an "AS IS" and "AS AVAILABLE" basis and with all
faults and defects without warranty and representation of any kind. To the maximum extent
permitted under applicable law, the Company, on its own behalf and on behalf of its
Affiliates and its and their respective licensors and service providers, expressly disclaims
all warranties, whether express, implied, statutory or otherwise, with respect to the Service,
including all implied warranties of merchantability, fitness for a particular purpose, title
and non-infringement, and warranties that may arise out of course of dealing, course of
performance, usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind that the
Service will meet your requirements, achieve any intended results, be compatible or work
with any other software, applications, systems or services, operate without interruption,
meet any performance or reliability standards or be error free or that any errors or defects
can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider
makes any representation or warranty of any kind, express or implied: (i) as to the operation
or availability of the Service, or the information, content, and materials or products
included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the
accuracy, reliability, or currency of any information or content provided through the
Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf
of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or
other harmful components.
Nothing in this disclaimer will limit or exclude your liability for fraud or fraudulent
misrepresentation, limit any of your liability in any way that is not permitted under
applicable law, or exclude any liability in general that may not be excluded under
applicable law.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations
on applicable statutory rights of a consumer, so some or all of the above exclusions and
limitations may not apply to you. But in such a case the exclusions and limitations set forth
in this section shall be applied to the greatest extent enforceable under applicable law.
By using this website, you agree that the limitation of liability set out in this website
disclaimer are reasonable. If you do not think they are reasonable, you must not use this
website.
Governing Law
The laws of Canada, excluding its conflicts of law rules, shall govern this Terms and your
use of the Service. Your use of the Application may also be subject to other local, state,
national, or international laws. You irrevocably consent that the courts of Canada shall
have exclusive jurisdiction to resolve any dispute which may arise in connection with these
Terms and Conditions. If any provision of these Terms and Conditions is, or is found to
be, unenforceable under applicable law, that will not affect the enforceability of the other
provisions of these Terms and Conditions.
Disputes Resolution
If you have any concern or dispute about the Service, you agree to first try to resolve the
dispute informally by contacting the Company.
Binding Arbitration
Any dispute arising out of or in connection with this contract, including any question
regarding its existence, validity or termination, shall be referred to and finally resolved by
the courts of Canada and applicable courts in Ontario.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative capacity on behalf of the general
public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions
concerning binding arbitration:
(a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized
use; and (c) any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction above,
and the Parties agree to submit to the personal jurisdiction of that court.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will
be changed and interpreted to accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining provisions will continue in full
force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an
obligation under this Terms shall not effect a party's ability to exercise such right or require
such performance at any time thereafter nor shall be the waiver of a breach constitute a
waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if we have made them available to
you on our Service. You agree that the original English text shall prevail in the case of a
dispute.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
If a revision is material, we will make reasonable efforts to provide at least 30 days' notice
prior to any new terms taking effect. What constitutes a material change will be determined
at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you
agree to be bound by the revised terms. If you do not agree to the new terms, in whole or
in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, you can contact us:
By email: info@stablehub.ca